The Importance of Timely Renewal for Trademark Registrations in India
January 14, 2023Trademarks,IndiaRenewal
Renewing a trademark registration in India is an important process for businesses to maintain the exclusivity of their brand and protect their intellectual property. It is essential for businesses to understand the process of trademark renewal and the importance of timely renewal in order to avoid any potential issues or disputes.
Steps for Renewing a Trademark Registration in India
January 10, 2023Trademarks,IndiaRenewal
Trademark registration in India is a process that allows businesses to protect their brand and intellectual property. A trademark registration is valid for a period of 10 years and can be renewed after the expiration of the initial registration period of 10 years.
Trademark Prosecution in Bangladesh
January 5, 2023Trademarks,BangladeshRegistration
To file a trademark application in Bangladesh, you can either submit the application online or in paper form at the trademark office in Dhaka. The Bangladesh trademark office follows the 10th edition of the NICE Classification and has a list of accepted goods and services. You can file a trademark application in classes 1-34 for goods or classes 35-45 for services. However, the trademark office only accepts single class applications.
Court comes to the rescue of patent applicants – Extensions of deadlines in exceptional circumstances.
December 16, 2022Intellectual Property Rights,Patents,IndiaPatent Deadlines,Request for Examination
As patent lawyers, meeting deadlines can be crucial to the success of a patent application. Two of the most important deadlines one needs to be aware of while prosecuting patent applications in India are the deadline for filing a request for examination and the deadline for filing a response to the first examination report.
Adobe wins permanent injunction and significant damages against cyber squatter
December 15, 2022Intellectual Property Rights,Trademarks,Domain Names,IndiaInfringement,Delhi High Court,Cyber Squatting,Domain Names,Damages
The Delhi High Court’s ruling in the case of Adobe Inc. v. Namase Patel and Ors. serves as a reminder of the importance of protecting trademarks and intellectual property rights on the internet. In this case, the court granted a permanent injunction in favour of the Plaintiff. The Court recognised Namase Patel as a habitual cyber squatter and awarded a sum of INR 2,00,01,000/- (approx. US$ 242,000) in damages against the defendant to act as a deterrent against such actions in the future.
Subsequent trade mark owner can claim ‘date of first use’ of its predecessor
December 15, 2022Intellectual Property Rights,Trademarks,IndiaInfringement,trademark use,Use by Predecessor
The Bombay High Court ruled in favour of the plaintiff, Pidilite Industries Ltd., who had filed a trademark infringement suit against the defendant for using the mark R-SEAL, which was allegedly similar to the plaintiff's registered mark M-SEAL. The Court found that the defendant had obtained the trademark by fraudulently concealing the existence of the plaintiff's prior registered marks from the Registrar of Trade Marks.
Delhi High Court grants interim protection to Amitabh Bachchan against unauthorised use of his voice, photos & likeness
November 30, 2022Trademarks,IndiaInfringement,Personality Rights
Justice Navin Chawla of the High Court of Delhi granted an ad interim ex party injunction in favour of the well-known actor Amitabh Bachchan in the suit Amitabh Bachchan v. Rajat Nagi & Ors., CS(COMM) 819/2022. The suit was filed by the veteran actor to protect his rights against the use of his likeness, voice, and pictures for the fake Kaun Bang Crorepati lottery fraud and myriad of other scams that were infringing upon his rights and unauthorisedly using his voice and pictures to defraud…
Practice what you preach, especially if you’re an IP Lawyer
November 18, 2022Intellectual Property Rights,Trademarks,IndiaInfringement,Delhi HC
In an interesting turn of events, the Delhi High Court ruled in favour of Sujata Chaudhri of Sujata Chaudhri IP Attorneys in a trademark infringement, copyright infringement, and passing off suit restricting another intellectual property lawyer Swarupa Ghosh from using a deceptively similar logo.
Pre-Litigation mediation in Intellectual Property matters in India
November 15, 2022Intellectual Property Rights,Trademarks,Patents,Industrial Designs,Copyrights,IndiaCommercial Disputes,Mediation
The Court held that in an intellectual property case, where the matter affects not only the disputants but also the consumers and the plaintiff has already exhausted all possible recourses to amicably resolve the matter, then the plaintiff’s application seeking exemption from instituting pre-litigation mediation proceedings in accordance with section 12-A of the Act can be allowed. Thus, it can be said that in intellectual property cases, such reliefs are granted by Courts not merely for the…
Pre-Litigation Mediation in Commercial Disputes in India
November 9, 2022Intellectual Property Rights,Trademarks,Patents,Industrial Designs,Copyrights,Indiaintellectual property,Commercial Disputes,Mediation
Alternate methods of dispute resolution are amicable methods of resolving disputes without the intervention of courts. It decreases the burden of the courts and encourages settlement proceedings among the parties. Generally, Alternate Dispute Resolution (ADR) uses one or more neutral third parties who help the parties to communicate, discuss the differences and resolve the dispute. ADRs are a set of methods that enable individuals and group to maintain cooperation, and social order and provides…