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Category: Uncategorized

Will CGPDTM India hike the trademark fee followed by USPTO?

November 16, 2024
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| Categories: Intellectual Property, Trademark, Uncategorized

Trademark Fee Adjustments in the U.S.: A 2025 Overview Effective January 18, 2025, the United States Patent and Trademark Office (USPTO) will implement a new trademark fee structure, introducing changes to ensure the financial sustainability of its operations while aligning fees with service costs. Below is a detailed breakdown of the changes in trademark fees. Key Fee Changes The new structure replaces some existing fees, introduces additional charges for certain application behaviors, and adjusts post-registration fees. The highlights are summarized in the table below: DescriptionCurrent FeeNew FeeChange ($)Percent Change (%)Trademark Application Filing FeesPaper Application (per class)$750$850$10013%Base Application (electronic, per class)N/A$350N/AN/AApplication via WIPO (per class)$500$600$10020%Surcharge FeesInsufficient Information (per class)N/A$100N/AN/AFree-form Text Entry (per class)N/A$200N/AN/AAdditional 1,000 Characters in Free-formN/A$200N/AN/APost-Registration Maintenance FeesSection 8 Declaration...

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Friendly behavior versus sexual advances at workplace: POSH (The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

November 12, 2024
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| Categories: Uncategorized

In a work environment, it can sometimes be challenging to discern between friendly interactions and advances that may be inappropriate or unwelcome. The Prevention of Sexual Harassment at Workplace Act, 2013 helps provide clarity by defining behaviors that constitute harassment, focusing on the impact of actions rather than intent alone. Here’s a guide to help recognize and differentiate between friendly behavior and potential sexual advances: 1. Nature of Conversation and Compliments Friendly: Genuine compliments on work performance, professional achievements, or neutral topics such as general well-being are typically friendly. They are given respectfully and infrequently, without a focus on personal appearance or matters unrelated to work. Inappropriate/Sexual Advances: Repeated comments about physical appearance, attire, or body, even if phrased politely,...

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Why your trademark could be refused?

November 8, 2024
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| Categories: Intellectual Property, Trademark, Uncategorized

Trademark objections in India commonly arise due to several reasons, often identified during the examination process by the Trademark Registry. Here are some of the typical reasons: Similarity to an Existing Trademark: If the applied trademark resembles an already registered mark or a pending application in appearance, sound, or concept, the registry may object, as it may lead to consumer confusion. Descriptive or Non-Distinctive Marks: Trademarks that describe the goods or services rather than distinguishing them (e.g., "Sweet" for a candy brand) can be refused. Similarly, marks that lack distinctiveness, such as common or generic terms, are often objected to. Prohibited or Offensive Words: Marks that contain prohibited or offensive terms under Indian law, such as those that may hurt...

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The Benefits of Trademark Protection on E-commerce Platforms like Amazon and Flipkart

October 30, 2024
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| Categories: Intellectual Property, Trademark, Uncategorized

In today's competitive e-commerce environment, platforms like Amazon and Flipkart have become essential avenues for businesses to reach a vast, global audience. These platforms provide immense growth potential, but they also bring the risk of counterfeiting, brand dilution, and unauthorized use of a company’s intellectual property. For businesses looking to build trust and stand out, obtaining trademark protection is essential. Here’s a look at the numerous benefits trademarks provide on major e-commerce platforms like Amazon and Flipkart. 1. Brand Protection Against Counterfeits One of the most significant benefits of having a registered trademark on e-commerce platforms is the added protection it provides against counterfeiting. Counterfeit products can seriously damage a brand's reputation, as customers may associate poor quality or inferior...

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Snippets from Important Indian judgments – Trademark Law

January 14, 2023
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Madras High Court

There have been several landmark trademark cases in India, but a few notable examples include: Tata Sons Ltd. vs. Greenpeace International: In this case, the Delhi High Court ruled that the use of the TATA mark by Greenpeace in their campaign against the company's proposed coal mine in Orissa was an infringement of Tata's trademark rights. Cadila Healthcare Ltd. vs. Cadila Pharmaceuticals Ltd: In this case, the Supreme Court of India held that the defendant had infringed the plaintiff's trademark rights by using a similar mark for their pharmaceutical products. K. R. Industries vs. The Registrar of Trademarks: In this case, the Madras High Court held that the defendant had wrongfully refused to register the plaintiff's trademark for their textile...

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How to get mutual consent divorce in India?

January 14, 2023
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| Categories: Uncategorized

A mutual consent divorce in India is a process where both parties agree to end their marriage without the need for a prolonged legal battle. Under Indian law, a mutual consent divorce can be obtained in as little as six months, provided that certain conditions are met. To obtain a mutual consent divorce in India, the following steps must be taken: Both parties must file a joint petition for divorce in a family court. The petition must state that the parties have been living separately for a period of at least one year and that they have mutually agreed to dissolve the marriage. Both parties must appear before the court and confirm that they have mutually agreed to the divorce....

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