The Importance of Timely Renewal for Trademark Registrations in India
January 14, 2023Trademarks,IndiaRenewal
Renewing a trademark registration in India is an important process for businesses to maintain the exclusivity of their brand and protect their intellectual property. It is essential for businesses to understand the process of trademark renewal and the importance of timely renewal in order to avoid any potential issues or disputes.
Steps for Renewing a Trademark Registration in India
January 10, 2023Trademarks,IndiaRenewal
Trademark registration in India is a process that allows businesses to protect their brand and intellectual property. A trademark registration is valid for a period of 10 years and can be renewed after the expiration of the initial registration period of 10 years.
Trademark Prosecution in Bangladesh
January 5, 2023Trademarks,BangladeshRegistration
To file a trademark application in Bangladesh, you can either submit the application online or in paper form at the trademark office in Dhaka. The Bangladesh trademark office follows the 10th edition of the NICE Classification and has a list of accepted goods and services. You can file a trademark application in classes 1-34 for goods or classes 35-45 for services. However, the trademark office only accepts single class applications.
India: Losing rank in ease of Piracy
December 21, 2022Intellectual Property Rights,CopyrightsCopyright Infringement,software piracy
Indian business owners are constantly worried about the Ease of doing business, but yet they were not aware of one ranking where the country was in the top 10 places once. It is the Ease of doing Piracy. Twenty years back computer and computing services were very rare thing that was used only for exceptional activities, but now it has become a necessity for everything. When computers started to become the norm for every business in the first decade of the 21st century, businesses had to incur a…
Delhi High Court Rules in Favour of Microsoft Corporation in 12-Year Copyright Infringement Case, Grants Permanent Injunction and Awards Damages
December 20, 2022Intellectual Property Rights,CopyrightsPiracy,Copyright Infringement,Damages,Software
Microsoft discovered that the defendants were illegally using its software products, including Microsoft Windows, Microsoft Office, and Windows Server. Upon investigation, it was found that the defendants had 130 computer systems, most of which had Microsoft's software installed on them, but the licenses held by the defendants did not match their usage. This indicated that the defendants were engaging in the unlicensed use of Microsoft's software products. Despite repeated requests from…
Indian Designs Office introduces e-filing of digitally signed forms & documents
December 17, 2022Intellectual Property Rights,Industrial Designsefiling
In a welcome move the Controller General of Patents, Designs & Trade Marks by public notice dated December 16, 2022 eliminated the mandatory requirement of filing physical copies of the forms for filing a design application in India. As a result, applicants are encouraged to use the online portal to file forms and documents related to design registration. These documents should be filed online and must be digitally signed in accordance with the Information Technology Act, 2000.
Court comes to the rescue of patent applicants – Extensions of deadlines in exceptional circumstances.
December 16, 2022Intellectual Property Rights,Patents,IndiaPatent Deadlines,Request for Examination
As patent lawyers, meeting deadlines can be crucial to the success of a patent application. Two of the most important deadlines one needs to be aware of while prosecuting patent applications in India are the deadline for filing a request for examination and the deadline for filing a response to the first examination report.
Adobe wins permanent injunction and significant damages against cyber squatter
December 15, 2022Intellectual Property Rights,Trademarks,Domain Names,IndiaInfringement,Delhi High Court,Cyber Squatting,Domain Names,Damages
The Delhi High Court’s ruling in the case of Adobe Inc. v. Namase Patel and Ors. serves as a reminder of the importance of protecting trademarks and intellectual property rights on the internet. In this case, the court granted a permanent injunction in favour of the Plaintiff. The Court recognised Namase Patel as a habitual cyber squatter and awarded a sum of INR 2,00,01,000/- (approx. US$ 242,000) in damages against the defendant to act as a deterrent against such actions in the future.
Subsequent trade mark owner can claim ‘date of first use’ of its predecessor
December 15, 2022Intellectual Property Rights,Trademarks,IndiaInfringement,trademark use,Use by Predecessor
The Bombay High Court ruled in favour of the plaintiff, Pidilite Industries Ltd., who had filed a trademark infringement suit against the defendant for using the mark R-SEAL, which was allegedly similar to the plaintiff's registered mark M-SEAL. The Court found that the defendant had obtained the trademark by fraudulently concealing the existence of the plaintiff's prior registered marks from the Registrar of Trade Marks.
Delhi High Court grants interim protection to Amitabh Bachchan against unauthorised use of his voice, photos & likeness
November 30, 2022Trademarks,IndiaInfringement,Personality Rights
Justice Navin Chawla of the High Court of Delhi granted an ad interim ex party injunction in favour of the well-known actor Amitabh Bachchan in the suit Amitabh Bachchan v. Rajat Nagi & Ors., CS(COMM) 819/2022. The suit was filed by the veteran actor to protect his rights against the use of his likeness, voice, and pictures for the fake Kaun Bang Crorepati lottery fraud and myriad of other scams that were infringing upon his rights and unauthorisedly using his voice and pictures to defraud…