Raja Selvam
Joint ownership of a trademark in India
The joint ownership of a trademark is possible within the Indian Legislative framework. However, it represents an unusual construct in that the very concept of a joint ownership is counter to the fundamental purpose of a trademark. A trademark usually serves as a designation of origin from a single…
Indian Trademarks Registry publishes its list of Classification of Goods and Services
Up until now, after the 2013 amendment to the Trademarks Rules of 2003, we were required to follow “current edition” of the NICE classification of goods and services as published by WIPO which meant that we were following the tenth edition of NICE Classification this year. Recently, however, the…
How to file a trademark application in India?
My earlier post on how to register a trademark in India discussed the requirements and in brief the options you have to file an application for registration of a trademark in India. Over the last few weeks I have been receiving several emails and messages from entrepreneurs and start-ups enquiring…
Choosing the right brand name for your startup
Identifying and choosing a suitable business/brand name is perhaps the first and the most important step towards creating your very own startup. A lot of time and effort goes into searching for and settling on a suitable name, and its equally, if not more important to protect that name. A brand…
Indian Trademark Office re-initiates special drive to dispose post registration requests
According to the Notification the names of the officers responsible will be published by the TMO shortly and it is also pertinent to note that no separate hearing notices would be issued by the TMO. The Trademark Office has requested that the proprietors or their counsels should present the…
Indian Patent Law basics - Importance of filing the Statement of Working of Patents in India
If you ask any patent agent or attorney to explain the concept of patents in two words, they will tell you that it is an “exclusionary right”. As is true in law and life, with rights come duties and responsibilities. So when you are given the right to exclude others from making your patent…
Indian Patent law basics – Patent Application procedure
Before all else, I would like to clarify that this article does not deal with how to get a patent in India. This article merely describes the procedure for making a patent application in India. The decision to provide a person with a patent is purely an administrative matter of the Indian Patent…
Indian Patent law basics - Disclosure requirements of Indian patent application's foreign counterparts
The Indian law for Patents, more particularly Section 8(1) of the Patents Act, 1970 (the “Act”), requires that when a person makes an application for patent in India, he must undertake to inform the Indian Patent Office regarding foreign applications which correspond to its Indian counterpart.…
Trademark Application Status “Registered” - Explained
After a trademark application sails through the journey of examination, advertisement and opposition, it reaches the final and happy stage of registration. When the online status of a mark shows registered, it means, as the term suggests, the mark has obtained registration and the applicant becomes…
Physical presence of your goods or services is not required to protect your trademark in India
The plaintiff is a company offering air travel services primarily in Europe and the United Kingdom. They do not operate or fly on any routes in India. However, they own the trademark “easyJet” registered in India in respect of transportation of goods, passenger and travellers by air; airline and…