Editorial Staff
Trademark Opposition proceeding in India
Trademark Opposition proceeding in India, though very extensive, is very interesting and fun. Before diving into the procedure of opposition proceeding, a quick run through of the general procedure of trademark filing until registration would be helpful. Once a trademark application is filed, the…
Six things you need to know when you receive a provisional refusal from India
Deadline to respond to objections: The deadline to respond to the objections raised by the Indian Trademark Office is one month from the date of receipt of the provisional refusal notification by the Applicant. Accordingly, the date to calculate the deadline will be from the date when you actually…
Difference between filing a trademark as a word and as a logo
Indian trademark law saw its origin back in the 1940s with the advent of the Indian Trade Marks Act subsequently increasing the need for protecting trademarks. This upsurge can be attributed to the rise in growth of trade and commerce in the country over the years. Ever since then, the trademark…
Ownership of family trademarks
Family trademarks are marks which are used by a person for his family business, where the trademark ownership lies with each member of the family. Such trademarks provide parallel rights for use of the mark, thus, protecting each heir under the doctrine of shared goodwill and common family legacy.…
Automation of generation and issuance of patent grant e-certificates in India
In lines with the “E-Registration Certification” initiative of Trade Marks Office, the Controller of Patents and Designs recently issued a notice, whereby automating issuance of patent grant e-certificates with effect from July 03, 2017. The notice states that the generation of all patents granted…
There is more to your liquor than you know
As you may have noticed, liquor bottles are often so exquisitely designed that you would want to buy it just out of admiration for its design. The creative packaging of liquor is often underrated and many do not realize the intricacies involved in the process. In a rather interesting case,…
The case of Toyota Prius & trans-border reputation
It was a sigh of relief for the Delhi based automotive accessories Company (Prius Industries) when the infringement case wasn’t decided against them as Toyota failed to prove trans-border reputation. Prius Auto Industries, set – up in Delhi in the year 2001 and engaged into manufacturing automotive…
Ramification for the 11th hour complainants
It has been a trend in the cine industry to file for copyright infringement against a movie when the said movie is due for release. In a recent judgment of Dashrath B. Rathod And Ors v. Fox Star Studios India Private Ltd. rendered by the Hon’ble Bombay High Court on March 21, 2017, people witnessed…
Indian TMO issues guidelines for recognizing well-known trademarks
An owner of a well-known trade mark can now shout it from the rooftops; so to speak. Answering unspoken prayers, a public notice was issued on May 22, 2017 elucidating a list of guidelines to be followed for determination of a well-known trade mark by the Registrar which, if followed ensures that a…
Registration of Trademarks in Foreign Languages: Indian Perspective
In India, a trademark can be registered in any regional or foreign language. The representation of a mark that includes words in a language, other than Hindi or English and characters others than Roman or Devanagari are registrable under Indian law by virtue of Rule 28 of Trademark Rules 2017. Rule…