Editorial Staff
Understanding the trademark distinctiveness spectrum
The primary purpose of a trademark is that it serves to distinguish the goods or services of one person from those of another. If a mark is not distinctive, it could lead to confusion in the minds of consumers and deceive them as to the origin of the product or service it represents. To prevent…
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…
Amendments brought about to INDRP for .in domain disputes
The National Internet Exchange of India (NIXI) has notified certain changes to the INDRP Rules of Procedure. The new policy is aimed at streamlining the INDRP process, making it easier for rights holders to protect and enforce their rights against unauthorized registration of .in domains or .in…
Statutory License, Royalties, Radio broadcasters and a Public Notice
Section 31 D of the Copyright Act, 1957 has been the bone of contention on many occasions with regard to issuing statutory licenses and the scope of broadcasters. In simple words, Section 31D of the Copyright Act 1957 states that any broadcasting organization that wishes to communicate sound…
Understanding the Scrutiny Report or Discrepancy Notice issued by the Trademark Office in India
Scrutiny Report or Discrepancy Notice 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…
Magical tug of war for a descriptive mark – ITC Vs Nestle
ITC (Yipee) Vs Nestle (Maggi) - Madras High Court ITC Ltd. and Nestle S.A. are two household names that have become indispensable in our lives. There is a minimum of one product in every household that belongs to these conglomerates. The demography of the consumers for these brands is vast and…
FAQ's about USE of a trademark in India
Concept of USE of a trademark in India - Frequently Asked Questions 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,…
Court comes to the rescue of the IP holders in India - Extension of deadlines due to COVID-19
Extension of deadlines - Indian IP Office Since the inception of the COVID-19 pandemic, every agency and institution of the Government have been putting their best foot forward with endurance. Be it for the citizens, people or its own working professionals, they have worked towards the safety and…
Indian IP office notifications relating to the extension of deadlines at the time of COVID-19
Notifications by the Indian Intellectual Property Office during COVID-19 The paranoia around the COVID-19 continues to etch the air with causalities, while the citizens and the government continue to strive to put their best foot forward to ensure maximum safety and avoid anarchy. With this, we…
Pre-grant patent opposition in India
A Pre-Grant opposition in India is clearly explained in Section 25(1) of the Patents Act, 1970 which deals with the Pre-Grant Opposition proceeding. It explains the meaning, grounds and procedure for initiating an opposition proceeding in India. ‘Opposition’ is a word commonly heard and loosely…