Indian Copyright (Amendment) Rules, 2021

Not very long ago, the Indian Designs Office notified the Designs (Amendment) Rules, 2021 and now the Copyright Office (hereinafter referred to as ‘CRO’) too has notified the Copyright (Amendment) Rules, 2021. The Copyright Rules, 2013 was last amended in the year 2016 subsequent to which, it was done recently.

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Renewal of Customs Recordal in India

However, the question remains - why has an option for renewal not been provided? Granted, it would ensure fewer instances where the right would have lapsed, and the protection would continue unbeknownst to the authorities (although the right holder must inform customs authority when his intellectual property ceases to be valid or if he ceases to be the owner of such intellectual property right). In this respect, the lack of an option for renewal enables authorities to properly examine the…

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News of the World – Tech platforms and the News industry

The Australian government recently passed legislation that has the potential to completely rework the way in which news is disseminated on the internet. The Australian News Media Bargaining Code, passed by the Australian legislature in February 2021, seeks to mandate that Big Tech companies like Google and Facebook pay news producers in order to use their content. The timing of the move appears in line with developments around the world, with calls to regulate Big Techs seen all across the…

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Bigbasket v. Daily basket – the blurring line between trademark protection & bullying

The recent spat between BigBasket and Daily Basket borders on this blur. BigBasket, the largest online grocery store in India slapped a Cease-and-Desist notice on Daily Basket, a young startup, alleging infringement of their trademark. They claimed that the mere mention or reference of a name containing “basket” in word or logo form for any E-commerce business and related products would confuse the relevant class of consumers into assuming association with BigBasket.

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Plex v. Zee – better never than too late?

In a competitive global market, businesses need to strive to get ahead of their competitors. One of the ways to do this is by creating unique brand identities which help make a strong impact on the minds of consumers. Trademarks are especially useful in this respect, as consumers can easily make connections with their favourite products and services with the businesses that provide them, which in turn can ensure consumer loyalty.

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Claiming multiple priorities for your trademark application in India

Businesses which have (or are) trying to register their trademarks in several countries would be familiar with the concept of priority rights. If a person has applied for registration/registered a mark in his home IP office at Country A, then on the basis of the original application, he can apply for the registration of his mark in Country B, claiming a “priority date” (from the original application in Country A) whereby his mark will be considered to be registered as on the date of application…

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Caught in the cross-hairs of the WIPO & Indian Trademark Office

The procedure and timeline to obtain registration for a trademark have evolved over time.  After the amendment of 2017, the entire timeline has become quite stricter and quicker. We have all seen a lot of positive changes happening in the IP regime, however, there are still areas where we lag and would do extremely well to have clearer rules and laws, especially with respect to trademark applications under the Madrid protocol.

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What’s in a Surname – Trademarking Surnames

Businesses in India have often been started by using the surname or family name of the person starting such business. This practise has been followed in India for a very long time and such practice of adopting a surname for the name of the business is done purely so that customers can easily associate the surname so adopted with that particular business.

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Designating India in your IR trademark application with the ® Registered symbol

One of our IR applications designating India was a mark filed with the ® symbol with the WIPO. To give you clarity, the basic registration (mark it, it is a registration and not an application), is from a country which allows marks with the ® symbol. So it was never a problem in the basic registration. Going even further to make the process smooth and avoid unnecessary hassle, the Applicant has also disclaimed the ® symbol in the IR application.

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Understanding the Scrutiny Report or Discrepancy Notice issued by the Trademark Office in India

If the Trademark Office finds that any documents/forms submitted with respect to a trademark application require additional clarification and substantiation by document submission or the appropriate documents have not been filed, a notice is issued detailing the deficiency. This notice is commonly referred to as a Discrepancy notice or Scrutiny Report which is communicated to the Applicant/Applicant’s agent. Generally, Discrepancy notice or Scrutiny Report have been known to be issued where…

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