The Law of Designs and Passing-off in India
A recent judgment of the Bombay High Court that I came across addressed issues relating to the laws of design which I found very interesting, mainly because they weren’t issues that were touched upon previously. On reading the judgment, I found that it was the Delhi High Court which had first examined these issues in detail and what was also interesting to read was the dissenting opinion by one…
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…
As Good As New! – Refurbished Goods: Guidelines and Implications
The Delhi High Court recently issued a significant judgment regarding the sale and rebranding of refurbished goods, particularly addressing disputes between Seagate Technology LLC and WD Technologies (“original manufacturers / plaintiffs”) against several Indian entities involved in the rebranding and sale of refurbished Hard Disk Drives (HDDs), including Daichi International and a few others…
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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