Trademarks
Update! More facilities through Trademark E-filing system
Following my earlier post, I am incredibly excited about the recent launch of yet some more forms being made available online. With this launch, the Trademarks Office has made a total of 57 forms available online. We now have forms for requesting changes post-registration online which means we can…
Expedited Examination of Trademarks in India – How fast is fast?
To all who read this, my aim here is to share something that I have been brooding about...It may even be something “you” have been brooding about.. Hopefully someone or maybe even the Indian Trademark Office will come up with a satisfying answer? All IP Attorneys in India (and even from other…
Trademark Dispute : A Man of Average Intelligence and Imperfect Recollection
Name: Man of Average Intelligence and Imperfect Recollection AKA: An Unwary Purchaser of Average Intelligence; Ordinary Man; a Customer of Average Intelligence; Age: ~ 56 years [1958 possible year of birth] Origin: Possibly the United Kingdom – Aquamatic Case First Appearance in India: 1960 Known…
Indian Trademarks Office goes the paperless way!
For those of you who use (and love, maybe?) the e-filing system (“system”) of the Trademarks Office, things just got lovelier. Until the evening of February 05, 2014, the Trademark Office’s system allowed trademark applications (under various forms) along with a couple of requests such as…
Aural and olfactory marks – I heard that it smells good
On a beautiful Sunday morning you are jogging down the street. After covering few kilometers, you decide to break for a breather. As you rest your legs, you hear the distant sound of a TV commercial from a house nearby. The sound isn’t clear and you are not able to figure out what the people might…
Importance of O-3 Notice – Trademark renewal reminder
We bring to you a guest post by Nemish Zaveri, a fourth year law student from Institute of Law, Nirma University with a keen interest in intellectual property laws. In this article, he presents his views on the requirement to serve the O-3 notice. An O-3 notice is a reminder sent to the registered…
Yoga and IP: Stretched too far?
Yoga is one of the oldest physical and spiritual exercises known to mankind. It is collective knowledge and has been believed to be in existence from around 2500 B.C. Come to think of it, there should be no intellectual property battle over it – it is India’s traditional knowledge and no single…
Trademark Application Status - "Sent back to EDP" or "Formality check pass/fail" in India - Explained
This is a very simple and preliminary stage wherein the Trademark Office asserts that all the formalities required to be observed while filing a trademark application have successfully been observed by the applicant and the application would soon proceed to the next level. The formalities here…
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…