Editorial Staff
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…
The Bridge to India- The Guidelines bridging the gap
The whispers have been incessant since the announcement of the Bilateral Patent Prosecution Highway (PPH) Programme between the Indian Patent Office (IPO) and the Japan Patent Office (JPO), which commenced officially on November 21, 2019, by signing a Joint Statement of Intent (JSOI) to this effect…
The Bridge to India - The potential of the recent PPH agreement between Japan & India
With the announcement of the Bilateral Patent Prosecution Highway (PPH) Programme between the Indian Patent Office under the Controller General of Patents, Design and Trade Marks (CGPDTM) and the Japan Patent Office (JPO), the floodgates to investments and financing in India has opened…
Trademarks- A sanctioned vent of cultural appropriation-II
Trademark law and combatting Cultural appropriation After a wave of backlash faced by Kim Kardashian and Disney for cultural appropriation, the debate over Trademark law and cultural appropriation awakened. The IP community and the activists stand divided on the issue. While trademark is meant for…
Nei Patent ; Nei Infringement
The Plaintiff in the instant case- Novartis AG, had filed the present suit before the Hon’ble Delhi High Court against the defendant - Natco Pharma Ltd., seeking permanent injunction, damages, rendition of accounts and delivery up in respect to its granted patent, Indian Patent No. 276026. The…