Trademarks
Amendments to the Indian Trademarks Law – What does this mean to you?
The Trade Marks (Amendment) Act 2010 and the Trade Marks (Amendment) Rules, 2013 came in to force on July 08, 2013. In principle the amendment marks the official entry of India to the International Filing System under the Madrid Protocol. The Madrid system enables Indian businesses to file a single…
IPAB hauls up the Trademark Registry for a ‘classic case of official indifference’
The Intellectual Property Appellate Board (IPAB) passed an order a couple of days back, which brought on record the problems faced by trademark proprietors with the functioning of the Trademark Registry. They recently heard an appeal from an order of abandonment passed in an opposition matter along…
Unauthorised use of trade mark - How would you remedy it in India?
In Utopia, I believe competition among similar businesses would be healthy and fair. However, in the real world, the Darwinian principle of survival of the fittest applies. We find that some wonderful businesses, with unique and sometimes well-established brands, end up in shambles because their…
Injunction against infringement - Delay of 10 years by the trademark office in amending records results in Plaintiff losing it's locus standi
Appellant - Orchid Chemicals & Pharmaceuticals Limited Respondent - Wockhardt Limited Trademarks in dispute - METO vs. METOX Court - Madras High Court Coram - Honourable Justice M. Jaichandren and Honourable Justice M. M. Sundresh Facts: The appellant is a company incorporated under the…
Single class or Multi Class trademark application in India?
I wish there was an easy answer. Unfortunately, there isn’t. Indian Trademarks Law allows filing of multi class applications. If you are using a counsel you may be advised by your counsel to file single class applications, not because he wants to bill you more; because the benefits of single class…
What does it mean when a TM-61 alert is issued for my trademark application by the Indian Trademark Office?
If you had filed your trademark application on paper in India with specification of goods or services exceeding 500 characters and if an application requesting inclusion of additional characters was not filed at the time of filing the new application for registration of your trademark, a TM-61…
Sugar and spice and everything NICE
A trademark that has been registered is valid for the goods or services that it has been applied for. If I file a trademark WONKZOO for legal services, aside from the fact that I may be committing professional suicide I need to decide which class of goods I have to file the trademark in. A…
Filing a trademark application in India – Should it be filed on a proposed to be used basis or claiming usage?
An application for registration of a trademark in India can be filed by either claiming use of the trademark in India or on a proposed to be used (intent to use) basis. Subsequent to publication and in the absence of opposition the application would proceed towards registration. Unlike in the US,…
4 Steps to Register a Trademark in India - The fast and cost effective way.
While the Indian Trademark Office has been constantly trying to complete the mammoth task of clearing several thousands of trademark applications pending before it at various stages of prosecution, fulfilling the following steps would help you to protect your trademark in India quickly and cost…
Why is India not yet ready for the Madrid Protocol?
While we are all excited about India becoming a part of the Madrid System on July 08, 2013 there are serious concerns on how the Indian trademark office already struggling with delays and quality of examination going to cope up with the new international applications. Among other issues such as…