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Indian story of GI Application for Basmati Rice!

December 21, 2014
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| Categories: Geographical Indication

A geographical indication works as an indicator that allows producers in those areas to distinguish their goods from the goods of their competitors and maintain a reputation and goodwill around their products in order to attract a premium price. Registering a geographical indication in India involves: • identifying protected characteristics; • establishing effective representation and protection for stakeholders; and • ensuring that the benefits of the registration reach the people involved in producing the goods. The story of Basmati rice Basmati rice (Oryza sativa) means Basmati raw milled rice; parboiled rice and husked and unpolished Basmati rice. More details regarding the varieties, feature of each varieties, districts where and how it is produced can be had from here. We have...

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E-filing services – Indian Trademark Registry gets 90% digitized

February 5, 2014
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| Categories: Intellectual Property, Trademark

It has been quite some time since our Indian Patent and Trademark Office had launched its online e-filing platform.  Of note, the Copyright Board did also launch similar services in 2009, but it did not go well as planned and went completely dysfunctional in a few months of its launch. Most recently in November-December 2013, Indian Trademark Office introduced online facility for filing Madrid applications as well as filing reply to examination report.  What comes as a more pleasant news for stakeholders and public is that now our Trademark Office accepts the following forms through its E-filing platform: Renewal - TM-12, TM-10,  and T-23 Opposition - TM-5, TM-26, TM-6 and TM-7 Correction - TM-16 Legal Certificate - TM-46 and TM-70...

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Perfect time to make post-registration changes in your trademark

November 23, 2013
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| Categories: Intellectual Property, Trademark

Normally, post-registration changes such as assignments, corrections, amendments, etc. happen at snail's pace for several reasons.  To tackle that, our CGPDTM has announced a special drive to dispose post-registration changes. The CGPDTM once again initiates a special drive for disposal of requests for recordal of post registration changes in the registered Trademarks.  This special drive will be conducted during the months of December 2013 and January 2014. Post-registration changes may include change in address, adding or removing proprietors, etc. The notification available on IPIndia Website reads, "All the requests for recordal of post registration changes made on forms TM-17, 19,20,23, 24, 33, 34, 35, 36, 38, 42, 43 or 50 shall be taken up for disposal by the appropriate offices, in order...

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How to avoid trademark objections in India?

June 15, 2013
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| Categories: Intellectual Property, Trademark

Trademark Objections Trademark objections are increasingly becoming common these days because of various reasons; one main important reason being lack of awareness among applicants and counsels who file applications.  Objections are raised by trademark examiners in the following circumstances: Trademarks that are not distinctive in character and not capable of distinguishing the goods or services of one person from those of another person, and consists of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or services and consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices...

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Almost 30K TM applications pending before Trademark Registry, India

May 6, 2013
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| Categories: Intellectual Property, Trademark

As many as 30,221 applications are pending for issuance of trademark registration certificates due to shortage of manpower, Parliament was informed Monday. "Pendency in issuance of registration certificates for applications found fit for registration as on 30th April is 30,221. The main cause of the backlog in issuance of registration certificates is insufficient manpower due to vacant posts," Minister of State for Commerce and Industry, D Purandeswari said in a written reply to the Lok Sabha. She said that at present, 56 of the sanctioned 130 posts relating to Trade Mark Registry are lying vacant. The minister informed that the Office of the Controller General of Patents Designs and Trademarks has 11 offices in five cities. Of these, four are...

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Due Diligence – Is your online business or e-commerce website compliant with Information Technology Act?

May 4, 2013
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| Categories: Cyber Crimes

Controlling Cyber Crimes Prevention of white collar crimes, especially socioeconomic offences and crimes related to computers, has been paid due attention over the years by the Indian Government.  After the recent amendment to the Information Technology Act, 2000, more provisions have been included to prescribe guidelines and punishment related to cyber crimes, from hacking to pornography. Cyber crime has become a profession and the demographic of your typical cyber criminal is changing rapidly, from bedroom-bound geek to the type of organized gangster more traditionally associated with drug-trafficking, extortion and money laundering. It has become possible for people with comparatively low technical skills to steal thousands of pounds a day without leaving their homes. In fact, to make more money than...

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