Sound Board

Our thoughts and views on the practice of Intellectual Property in India and around the world.

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…

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.

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.

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.

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…

The “USE” of a trademark in India plays a very important role in obtaining the registration of a trademark in India, prevail in opposition proceedings and to effectively enforce the rights of the trademark in India. In this post, we will provide answers to the frequently asked questions with respect to the “use” of a trademark in India.

Trademarks, like all intellectual property, are an integral part of a modern business’ assets. It is not uncommon nowadays for the value of a business’ IP to far exceed its physical assets. Like any asset, trademarks can also be bought, sold, and transferred between entities. Whenever there has been any change in the details of the owner of a trademark, whether, through an assignment, name change, or merger, it is always advisable to record this change with the concerned trademarks office as…