IP and Legal Filings

AUGUST 11, 2023

This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] Distinctive’ means distinguishing a person’s goods and services from competing goods or services of another. [19]

Trademark 81

Trademark Registration Intellectual Property Intellectual Property Law 81

Kashishipr

JANUARY 5, 2022

The Trade Marks Act, 1999 governs and deals with the mechanism of registration, protection, and illegal use of trademarks in India. Creating a brand image for the goods/services in the minds of the public at large. Trademark Registration safeguards the brand or business name from unauthorized use.

Trademark 105

Trademark Branding Brands Branding 105

IP and Legal Filings

APRIL 25, 2024

Introduction Section 3 of the Real Estate Regulation and Development Act, 2016 provides for prior registration of projects under the Real Estate Regulatory Authority that are undergoing completion as of the commencement of the Act and have not been granted a completion certificate by their respective local authorities.

Registration 52

Registration Settlement Law Blogging 52

Kashishipr

NOVEMBER 2, 2022

Maintaining a Trademark Registration can indeed be challenging if you aren’t familiar with the Trademark Law. A trademark refers to any sign, expression, or design identifying the products or services of one company and differentiating them from those of others. Exclusive Trademark Rights for Trademark Owners in India.

Registration 52

Registration Registering Trademarks Trademark Cease and Desist 52

SpicyIP

OCTOBER 30, 2023

The article analyses Sumitomo’s application and the requisites for registration of an olfactory mark. A Brief About Olfactory Marks Sumitomo’s application is particularly interesting because this was the first olfactory trademark registration in the UK (see here ) and has since lapsed.

Registration 52

Registration Trademark Intellectual Property Law Intellectual Property 52

IP and Legal Filings

FEBRUARY 2, 2024

Introduction A mark represents the institution or company to which it belongs and serves as a means of differentiating goods or services among individuals. Marks can be of various types i.e., word marks, service marks, logos, symbols, series marks, etc [1]. Everyone in the country takes pride in their religious beliefs.

Trademark Law 90

Trademark Law Trademark Law Service Mark 90

SpicyIP

AUGUST 2, 2021

He also writes about the issues with the tribunal culture in India. He notes that the Report offers only a lip service recommendation to re-establish the Board without weighing in the pros and cons, and also without suggesting measures for a seamless revival of the IPAB. Fonts and Typefaces: Are they Copyrightable?

Reporting 116

Reporting Designs Design Copyright 116

Intepat

APRIL 11, 2023

Startups must prioritize obtaining patents, trademarks, copyrights, designs etc., One way to survive and grow in this atmosphere is to constantly innovate and develop products and services which ensure that Startups don’t lose their competitive edge. to safeguard their intellectual property.

Intellectual Property 52

Intellectual Property Government IP Patent Application 52

SpicyIP

JANUARY 4, 2023

Halal India mark- An example of certification mark. Certification marks indicate to consumers that the goods/services meet certain standards (like quality, materials, geographical origin, etc.) For example, (Registration no. Meanwhile, (Registration no. Akshay Ajayakumar.

Registration 105

Registration Designs Design Trademark 105

Intepat

NOVEMBER 14, 2022

When you file for a trademark in India, an indispensable requirement is finding out the trademark classification of your goods or services under which you must file your brand. ” The system of trademark classification eases the process of registration of a trademark. .” Trademark Classification.

Trademark 98

Trademark Registering Trademarks Registration Music 98

IP and Legal Filings

MARCH 26, 2023

Introduction Appellant “ Knitpro International ” applied for registration of the shape of a knitting needle in Class 26 in respect of ‘knitting needles and crochet hooks’. The shape mark must meet the requirement of distinctiveness [as per Section 9(1)(a)] due to the nature of the mark in order to be registrable.

Trademark 60

Trademark Registration Designs Design 60

IP and Legal Filings

MARCH 19, 2024

ABSTTRACT The constraints placed on trademark registration, particularly concerning common English words by recent judicial review by Justice C. i] CRITICAL ANALYSIS Anywhere in the India or in world trade mark face limitations unless have acquired distinctiveness through use. Computer of computers, medicines names.

Branding 52

Branding Brands Branding Intellectual Property 52

IP and Legal Filings

JANUARY 31, 2022

Liaison Office (LO): Liaison Office means a place of business to act as a channel of communication between the principal place of business in India although which does not undertake any commercial /trading/ industrial activity, directly or indirectly, and maintains itself out of inward remittances received from abroad through normal banking channel.

Due Diligence 72

Due Diligence Business Designs Design 72

Kashishipr

AUGUST 24, 2022

The hospitality industry of India has undoubtedly become an exceedingly crucial service provider across the nation. By establishing a brand name, a service provider in the hospitality industry can benefit from having many customers and build a good reputation. Relationship between Trademark Law & the Hospitality Industry.

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

JANUARY 26, 2023

Introduction To Colour Marks In India Oscar Wilde famously said: mere colour can speak to the soul in a thousand different ways. Fundamentally both sets of marks serve the same purpose: to help consumers identify goods & services. [2] 13] Thus, upon fulfilling these tests, no objection is ought on registration for colour marks.

Registration 79

Registration Trademark Trademark Law Law 79

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. Industrial Design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

SpicyIP

SEPTEMBER 11, 2023

Image from here The Delhi High Court recently in Saurav Chaudhary Vs Union Of India & Anr. If so, what will be the liability of such agents – damages, suspension, or cancellation of registration? underscored that there is a need to supervise or govern patent and trademark agents. Illustratively, in Manjit Kaur v.

Government 105

Government Trademark Patent Patent Application 105

IP and Legal Filings

OCTOBER 23, 2023

Introduction: India has experienced a meteoric rise in recent years in both online marketplaces and e-commerce. As a result, the number of online marketplaces created domestically or internationally has significantly increased in India. This liability has been the subject of several legal disputes in India.

Marketing 86

Marketing Marketing Trademark Registration 86

Intepat

JULY 14, 2021

The Tribunals Reforms (Rationalization and Conditions of Service) Ordinance, 2021, which the President of India proclaimed and notified on April 4, 2021, abolished numerous Boards and Appellate Tribunals, including IPAB (Intellectual Property Appellate Tribunal). However, no such division has ever existed in India. CONCLUSION.

Intellectual Property 98

Intellectual Property IP Designs Design 98

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2023

IPR primarily include patents, copyrights, trademarks, trade secrets, and designs, each serving a specific purpose in protecting various forms of intellectual creations. Novel innovations are protected by patents, but software codes, designs, or artistic components are protected by copyrights.

Intellectual Property 58

Intellectual Property Invention IP Technology 58

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. Design Rights.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

Biswajit Sarkar Copyright Blog

NOVEMBER 25, 2022

A trademark is a mark that distinguishes the goods and services of one person, from the other. A trademark is territorial in nature, thus, if the trademark is registered in India, it can only be protected within the Indian jurisdiction. The trademark registration is one of the most important steps in making a business successful.

Trademark 52

Trademark Registration Reporting Branding 52

Kashishipr

OCTOBER 19, 2022

A trademark exists in the form of an expression, slogan, or any other sign identifying the services or products of one business and distinguishing them from those of others in the market. As your products or services gain popularity, they might be misused and forfeited. That is why it is imperative to have your trademark registered.

Trademark 52

Trademark Branding Brands Branding 52

Intepat

MAY 24, 2023

More than 120 years ago, nine countries established a particular unit for the international registration of marks, known as the Madrid System. More and more countries have signed up to this unique international trademark registration system. The process of trademark registration internationally under the Madrid System can be read here.

Registration 52

Registration Trademark Intellectual Property Reporting 52

IP and Legal Filings

JULY 5, 2023

Introduction Trademarks are recognised phrases, words, or symbols that designate a certain item and lawfully distinguish it from all other items of the same type. Trademarks are used to identify and protect a product’s or service’s words and graphic components. It might be a symbol, a motto, or even the product name.

Trademark 59

Trademark Registration Branding Brands 59

SpicyIP

DECEMBER 15, 2023

Three months after scrapping the preliminary exams for the recruitment of patent and designs examiners, the Department of Promotion of Industry and Internal Trade (DPIIT) has re-notified the preliminary exams to be conducted on December 21. But the Patent Office still relied on UPSC along with Educational Consultants India Ltd. (a

Patent 59

Patent Higher Education Designs Design 59

IP and Legal Filings

JULY 13, 2022

Sweat of Brow Doctrine: While there are quite a few doctrines relating to whether, and to what degree, there must be originality and creativity in a work seeking copyright protection, in India the position followed for a long time was in accordance with the doctrine of “sweat of brow”. Copyright Act or Design Act? creativity?

Copyright 68

Copyright Artistic Work Designs Design 68

SpicyIP

JULY 14, 2021

Olfactory marketing is not only employed by restaurants for their food, but is also often utilized in supplementing branding because just like a logo, it helps the consumer identify the experience associated with a service or product. In India, the debate still continues as you may find in the posts here , here and here.

Trademark 126

Trademark Registration Marketing Marketing 126

IP and Legal Filings

MARCH 24, 2023

Introduction The Plaintiff is engaged in the construction business and is the proprietor of trademark BURJNOIDA in class 37 (for building and construction services) as of February 2, 2011, which it claims to have been using since December 24, 2010.

Registration 79

Registration Trademark Copyright Infringement Copyright 79

Kashishipr

SEPTEMBER 14, 2022

Barcodes and QR codes are capable of identifying the products and/or services of an entity in the market and are widely used to do so. India – Lawsuits Revolving Around IPRs in QR Codes & Barcodes. India – Lawsuits Revolving Around IPRs in QR Codes & Barcodes. Needle Industries (India) Pvt.

Intellectual Property 52

Intellectual Property Registration Trademark Trademark Law 52

IP and Legal Filings

MARCH 5, 2024

Trademark Law Before pre-digitalization The US Trademark Office (USPTO) defines a trademark as a word, phrase, design, or symbol that serves to identify and distinguish the products or services you sell apart from those of others. The registration and management of trademarks was another essential component.

Trademark 87

Trademark Social Media Advertising Advertising 87

SpicyIP

MARCH 11, 2024

Calm Water Therapeutics Llc vs The Assistant Controller Of Patents And Designs on 28 February, 2024 (Delhi High Court) The appeal challenged the rejection of a patent application for a “Bi-Functional Co-Polymer” by the Assistant Controller of Patents. Third, the evidence of the plaintiff’s use of the mark from 1989 are fabricated.

Trademark 59

Trademark Registration Copyright Patent 59

SpicyIP

DECEMBER 5, 2022

Delhi High Court decreed the suit in favor of the Plaintiff and inter alia directed the Defendant to assign its trademark ‘Saptrishi Sandhi Sudha India’ in favor of the Plaintiff, as undertaken by it in its affidavit. Livanova India Private Limited vs Godaddy.Com, Inc. & Indiyaa Distribution Network Llp vs P Singh & Ors.

Trademark 105

Trademark Registering Trademarks Registration IP 105

SpicyIP

AUGUST 22, 2022

On 2 nd December 2021, Mason Rothschild began advertising an NFT collection of fur-covered Birkin-like handbags that he designed, advertising them as ‘METABIRKINS’. Ltd vs Google India Pvt. i)advertising or promotion that permits consumers to compare goods or services; or. (ii)identifying The Hermès-Rothschild Dispute.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

SpicyIP

JULY 23, 2023

Highlights of the Week Artificial Intelligence and IP: A Literature Review Image generated from DeepAI While there is a plethora of discussions around different aspects of AI, there is surprisingly a dearth of public policy discussions on the intersection of AI and IP in India. Union of India and Ors. f) of the PCT Regulations.

Trademark 98

Trademark IP Higher Education Moral Rights 98

Intepat

AUGUST 31, 2022

Before trying to get a trademark registered we first need to understand what can be registered as a trademark and what are the possible grounds on which the registration can be refused. Section 9 details the absolute grounds of refusal for registration of a trademark. This means that the mark by itself is not fit for registration.

Trademark 52

Trademark Registration Branding Brands 52

IIPRD

OCTOBER 14, 2022

Various studies indicate that the younger generation is more intrigued by financial services provided by tech giants, stipulating that at least a significant portion of users no longer see physical banking as their default service provider. NEED OF IPR FOR FINTECH IN INDIA. TYPES ON IPRs FOR FINTECH IN INDIA.

Intellectual Property 52

Intellectual Property Confidentiality Copyright Technology 52