Trademarks
Trade Marks Rules, 2017 – What it means for Startups & SME’s
The Controller of Patents, Designs and Trademarks through a public notice dated November 19, 2015 brought to the notice of the public the draft of the Trademarks Amendment Rules, 2015 proposing to amend the Trademark Rules, 2002 and had invited comments from the public and stakeholders within 30…
The Trademark Rules 2017 – The online filing system version 3.0
The Trademark Rules 2017 were finally notified on March 6, 2017 after months of speculation and several mistimed email blasts notifying people of its imminent adoption. The crux of the draft rules hasn’t changed, since its publication in November 2015 with fewer forms, a more digital approach,…
Memoirs of the Indian Trademark Office
I still remember the first time I looked into the Indian Trademark Office website while interning, memorizing the domain name www.ipindia.nic.in, little knowing I would plunge into it and never forget it. The journey of the Indian Trademark Office has been a long and progressive one. The…
“TATA” A Well-Known Trademark
In a recent judgment, the Delhi High Court pronounced that the mark TATA has acquired the status of a "well-known" mark on account of its usage for a long period of time. The concept of well-known trademarks and infringement of well-known marks have been dealt with on numerous occasions by the…
Trademark registration in Maldives
All you need to know about trademark registration in Maldives The Maldives has experienced substantial growth in the last decade, largely driven by economic activities and the businesses in Maldives venturing into the global area. But over these years, the importance of protecting Intellectual…
What are the steps involved and the costs to register a trademark in India?
Your brand is the most valuable asset of your business and you should take some time to choose the right service provider. You can ask your service provider to provide you with a list of trademark they have helped register. Trademark records and their details are made available to the public and…
11th Edition of NICE Classification to come into force in 2017
The World Intellectual Property Organization [WIPO] recently passed a notification in their Gazette dated October 24, 2016 notifying the public that the NICE Classification of goods and services was to be amended and that the eleventh [11th] edition was to come into force in the new year [from…
Punitive Damages denied for Trademark Infringement
In our earlier posts, we have covered the importance of damages in trademark infringement suits and the types of damages as well. The Courts in India have taken a liberal stand while granting nominal and compensatory damages. However, when it comes to punitive damages, the Courts have been…
Financial Times - The never ending trademark battle
The legal battle between The Financial Times Ltd (FTL) and Times Publishing House Ltd (TPHL) over the trademark rights to the term “FINANCIAL TIMES” and “FT” has been going on for over two decades now and continues to do so. This trademark battle in addition to elaborating the hierarchy of Courts…
Infringement of a trademark also depends upon the similarity between the target customers
The criteria for determining trademark infringement primarily depends on two major factors; ie- identity or similarity between the registered trade mark and the infringing mark and the identity or similarity between the goods or services respectively covered by the two marks. In a recent judgement…