Raja Selvam
Understanding the Indian Biological Diversity law, and its implications for Patent Applications involving Biological Resources
India's commitment to conserving its rich biodiversity is reflected in the Biological Diversity Act (BDA) of 2002. This legislation governs the use of biological resources and ensures that benefits arising from their use are shared fairly and equitably. For inventors seeking to patent inventions…
Court orders revival of opposition abandoned for not filing evidence in support on time when Counter Statement was not served
The petitioner, Coaster Shoes Company Pvt. Ltd., filed a writ petition seeking the quashing of an order passed by the Registrar of Trade Marks in October 2022, which abandoned their trademark opposition. The petitioner had opposed the trademark applications of Respondent No. 2 for the mark “Travel…
Swift action on trademark name changes: Court directs Trademark Office to expedite applications
The petitioner, M/s. Tiger Food Ingredients (P) Ltd. (formerly M/s. Manju Chemicals Private Ltd.), filed a writ petition seeking a mandamus to direct the Registrar of Trade Marks to consider their name change application (Form TM-P) dated June 5, 2024. The company's name was changed following a…
Statement of Working of Patents (Form 27) filing not required in 2024
The Indian patent landscape has seen a significant shift with the recent amendments to the Patents Rules. As of March 15, 2024, the Patents Amendment Rules, 2024 have introduced a crucial change: patent owners now need to file working statements (Form 27) every three financial years instead of…
Statement of Working of Patents in India
Patent protection in India is governed by the Patents Act, 1970, which has undergone several amendments to align with international standards, most notably the TRIPS Agreement. The Indian patent system is administered by the Office of the Controller General of Patents, Designs & Trade Marks…
Controller of Patents has the power to condone delay in filing responses to Examination Report - Madras High Court.
In a recent ruling dated April 4, 2024, the Madras High Court addressed a significant issue regarding the procedural timelines in patent filings. The appellant, claimed to have invented a system and method for converting waste materials into reusable oil products. He filed a patent application on…
Service of notice is completed when it is received by the party, not as soon as it is sent by the Trade mark office
Ramya S.Moorthy vs. the Registrar of Trade Marks When a trademark application is filed and subsequently accepted by the Trademark Office, it doesn't mean an immediate registration. Instead, the accepted application is published in the Trademarks Journal for third parties, who might have concerns or…
Can't sue for trademark infringement, but passing off remains an option if trademarks of both parties are registered rules Kerala High Court
The case involved a dispute between Wipro Enterprises Ltd., the registered owner of the trademark "Chandrika," in respect of goods covered in class 3, and M/S Mariyas Soaps and Chemicals, the registered owner of the trademark "Chandra" in respect of goods covered in class 3. The court's ruling…
Restoring Patent Applications: Indian Courts' Stance on missing of deadlines to request examination or respond to examination reports
As patent attorneys, adhering to deadlines is pivotal for the success of a patent application. In India, two critical deadlines to bear in mind while prosecuting patent applications are those for filing a request for examination and responding to the first examination report. Presently, while a…
Delhi High Court declares Cult Streetwear Brand 'Supreme' red-box device mark as a Well-Known Trademark in India
Charter 4 Corp, the plaintiff, claimed to have adopted the 'Supreme' mark back in 1994 in the United States and had been using it in India since 2006, gaining popularity among Indian customers. The company boasted over 700 global registrations for the mark 'Supreme', and they had also filed…