Compulsory Licensing in India

We bring you another guest post by Ratnavel Pandian. In this post, Ratnavel discusses the Indian statutory provisions for compulsory licensing and instances of compulsory licensing in India. Introduction Before delving into an appraisal of the compulsory licensing regime in India, it is first essential to get a clear grasp on the meaning of the term “compulsory licence”. Compulsory licences are…

Google Glass – The United States and Indian Scenario

So what if the awe-inspiring Google GLASS had everyone spell bound; the spell and the GLASS appear to be unceremoniously shattered(pun intended!) by the United States Patent and Trademark Office(USPTO). The American Angle The USPTO had issued an intimation suspending all  action with respect to the stylized  GLASS trademark of Google. The status of the trademark as shown in the USPTO website…

After fee hike for Patent filings in India, Design Office to follow suit

The Indian Intellectual Property Office invited comments today for the recently published draft amendment rules (“draft rules”) for Design filings in India. The draft rules can be found here. What’s new? Taking a leaf out of the Patent Office’s book, the draft rules propose separate fee for natural persons and legal entities (even if they jointly apply with natural persons) filing or opposing…

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 entity or person.  The usual policy is to have a jointly owned single entity owning the mark.…

Trademark filings in India to get a tad more expensive

There are only two changes that have been notified which will amend the existing trademark rules and both relate to the increase in fees. The first change will be that the costs for filing a trademark application will increase to INR 4000 per class from the existing fee of INR 3500. The second change is that the costs for filing an application for expedited examination will be increased to…

Branding Neo India in Trademark Law

Developing a strong trademark is crucial to protecting the value of the brand. Examples of well-known trademarks include NIKE, CHANEL and COKE. The name of your product or service doesn’t have to be famous to be protected by trademark law. But, not every name is protected as a trademark. In selecting a trademark, resist the temptation to pick a mark that is generic or describes the goods or…

Use of a trademark as keyword in Google’s Ad Programme amounts to Use and Constitutes Infringement – Delhi High Court

The Appellants, Google India (P) Ltd., is a non-exclusive reseller of the Google Ads Programme in India, whereas the Respondents were DRS Logistics (P) Ltd., and Agarwal Packers and Movers (P) Ltd., who are leading packaging, moving and logistics service providers in the country. This case, Google LLC v. DRS Logistics (P) Ltd., (FAO(OS)(COMM) 2 of 2022), involved a dispute as to whether…

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Keyword Advertising and Trademarks

In this day and age, internet is a powerful tool for advertising with limitless reach and keyword advertising is the most popular form of digital advertising. It has generated massive revenue streams for search engines offering the service, for instance, Google’s ad revenue amounted to US dollars 146 billion and majority of the advertising revenue came from keyword advertising. Google AdWords,…

Amendments brought about to INDRP for .in domain disputes

The National Internet Exchange of India (NIXI) has notified certain changes to the INDRP Rules of Procedure. The new policy is aimed at streamlining the INDRP process, making it easier for rights holders to protect and enforce their rights against unauthorized registration of .in domains or .in domain squatting. While this appears to have been brought about as a result of the COVID-19 pandemic…