Kashishipr

FEBRUARY 9, 2022

To be specific, market research performed before filing a Patent Application or after obtaining Patent Protection may help an inventor or innovator significantly in examining the business environment for his invention or innovation. He would also understand the profitability and commercial viability of his invention.

Marketing 119

Marketing Marketing Inventor Invention 119

Patent Trademark Blog

MARCH 18, 2022

As long as the owner continues to sell products or services under a particular mark, then trademark rights do not have a definite expiration date. Failure to renew a trademark registration can lead to a canceled registration, but the owner may still have common law rights by continually using the mark.

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52

Kashishipr

NOVEMBER 24, 2021

It may so happen that the patent holder makes a misleading or misrepresenting or false disclosure of information, which is material to the invention. Similarly, the court shall also rely on the submission made by the applicant since there is no choice other than to utilize the submissions made. It is a breach of the duty of candor.

Patent Application 105

Patent Application Invention Patent Inventor 105

LexBlog IP

APRIL 19, 2023

Conducting a search for competitor patents prior to committing to a substantial investment in a product can minimize wasted time and money associated with product takedown proceedings and lawsuits by providing the seller an opportunity to design around identified patents. Registering trademarks with the U.S.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

SpicyIP

DECEMBER 5, 2022

Discussing the Recent Patent Application Restorations by Delhi and Madras High Courts. We discussed the recent orders from Delhi and Madras High Court regarding restoration of ‘deemed abandoned’ patent applications. News Now’ and merely because the Defendant had argued about the registration of the mark ‘E!’

Trademark 105

Trademark Registering Trademarks Registration IP 105

IP and Legal Filings

MAY 19, 2022

A list of facilitators is also available on the Trade Marks Offices’ website (www.India.nic.in) under the startup facilitation scheme, whereby services may be benefited startups for trademark registration applications, and the professional fees of such facilitators are refunded by the government.

Trademark 52

Trademark Government Branding Brands 52

SpicyIP

NOVEMBER 7, 2022

Delhi High Court on Non-filing of Written Submission to Delay Patent Application Process. The Controller of Patents where it rebuked the Plaintiff for not filing written submissions in time and thereby delaying the patent application process. Image from here. The Registrar Of Trade Mark and Jindal Industries Pvt.

Patent Prosecution 111

Patent Prosecution Invention Journalism IP 111

Kashishipr

DECEMBER 28, 2021

However, in this case, it is imperative to note that determining the scope of a patent is not easy. It undoubtedly requires a lot of experience in interpreting the patent claims, the specifications, and the history of the Patent Application Process. Overcoming Obstacles . Bottom Line.

IP 105

IP Patent Invention Licensing 105

Art Law Journal

JUNE 30, 2022

Although, it could receive trademark protection.). Although copyright registration is not required, there are several benefits to doing so. To see more on the benefits of copyright registration, see Stop, Thief! Trademark protects words, symbols, and slogans that identify products or services. Trademark Registration.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Kashishipr

MAY 5, 2021

It is imperative to guard the IP assets through proper registration and renewal procedures. Also, while drafting claims of a Patent Application , it should be held tight and not broad enough for patent trolls to find space for alleging infringement against such rightful inventors.

Patent Troll 98

Patent Troll Patent Inventor Intellectual Property 98

SpicyIP

AUGUST 2, 2021

In Part II , I looked at the amendments suggested to the procedural aspects of the Patents Act, which captures the Committee’s intention to direct changes that would increase patent filing in the country. The various reforms concern the patent application exam and the creation of specialized ADR forums for IP cases.

Reporting 116

Reporting Designs Design Copyright 116

Art Law Journal

JUNE 30, 2022

Although, it could receive trademark protection.). Although copyright registration is not required, there are several benefits to doing so. To see more on the benefits of copyright registration, see Stop, Thief! Trademark protects words, symbols, and slogans that identify products or services. Trademark Registration.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

Kashishipr

FEBRUARY 2, 2022

Fundamental patents apply to the present product line of a company. Future patients may not have a current application but can be valuable in the upcoming products; for instance, any open or pending Patent Application can be prosecuted strategically to make it a fundamental patent somewhere in the future.

Branding 98

Branding Brands Branding Business 98

Kashishipr

DECEMBER 8, 2021

Chakraborty had developed a bacterium that could digest crude oil that could help in oil-spillage, which was not something naturally found in bacteria for which a Patent Application was made to the US Patent and Trademark Office (USPTO). Chakraborty , which is frequently cited as an authoritative precedent even today.

Patent 105

Patent Intellectual Property Invention Ownership 105

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

For startups in the digital age, copyrights are particularly important in safeguarding software programs and applications. Startups can protect both the source code and object code through copyright registration. This may include patent applications with patent offices or registering trademarks and copyrights with relevant authorities.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

SpicyIP

MARCH 25, 2024

The Controller Of Patents on 15 March 2024 (Delhi High Court ) The appeal challenged the order rejecting the Appellants’ patent application under Section 15 of the Patent Act, 1970, for lack of novelty and inventive steps compared to prior art. Baxalta Incorporated v.

Trademark 52

Trademark Patent Copyright Confidentiality 52

Kashishipr

JUNE 15, 2022

A patent refers to a form of Intellectual Property (IP) granted over any method, process, device, or substance (after a successful Patent Application process) that is original, novel, industrially applicable, and involves an inventive step.

Patent 45

Patent Invention Licensing Intellectual Property 45

Kashishipr

OCTOBER 20, 2021

Evergreening is any of the various legal, business, and technological ways using which manufacturers extend the lifetime of their patents that are about to expire to retain royalties from them by either taking out new patents (for example, over related delivery systems or new pharmaceutical mixtures) or buying out or frustrating competitors for a longer (..)

Patent 105

Patent Intellectual Property Inventor Government 105

Patent Trademark Blog

NOVEMBER 30, 2023

You will need to show your two-dimensional trademark on a three-dimensional product if you decided to apply for a design patent. How do you avoid limiting your design patent to a single article of manufacture? Astute readers will promptly recognize a design patent limitation absent in trademark registrations.

Design Patent 52

Design Patent Designs Design Trademark 52

SpicyIP

JANUARY 9, 2023

Registrar of Trademarks and Ors., whereby the court held the mark to be in custody of the court and held the registration of the mark ‘Jawa’ in favor of Respondent no. Accepting an appeal, the Delhi High Court set aside the impugned order from the Controller rejecting the patent application on the basis of Section 3(f).

Trademark 105

Trademark IP Registration Reporting 105

The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

DECEMBER 17, 2023

From conflicting positions on AI as a co-author of a work to the contours of information required u/s 39 about the patent applications filed abroad, we had some engaging posts on this blog this week. Read this post by SpicyIP intern Jyotpreet on what this means for the delays in patent prosecution timelines. Khimji Dayabhai Co.”,

IP 59

IP Trademark Advertising Advertising 59

SpicyIP

JANUARY 8, 2024

Other Posts Scandal and Obscene Trademarks: Determining Immoral Trademarks in Indian Law Obscene/ scandalous marks are prohibited from registration, but are they? Discussing the historical foundation of refusing registration to such marks Prof. Verizon Trademark Services Llc vs Verizone Broadband Services Pvt Ltd.

Trademark 59

Trademark Registering Trademarks Public Domain Registration 59

SpicyIP

FEBRUARY 12, 2024

Introduced to incorporate the Jan Vishwas Act amendments within the Trade Marks Act, the proposed Rules prescribe an adjudication mechanism to hear complaints alleging false representation of a mark as a registered trademark. The appeal was allowed, and the patent application was remanded for fresh consideration with the amendments.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

SpicyIP

AUGUST 14, 2023

Case: Dow Agrosciences LLC vs The Controller of Patents on 7 August 2023 (Delhi High Court) The petitioner filed an appeal against the impugned order rejecting its patent application for Stabilized Agricultural Oil Dispersions. There were various reasons for refusing the application including lack of inventive step.

Trademark 98

Trademark Registration Art Reporting 98

LexBlog IP

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

SpicyIP

DECEMBER 12, 2022

Calcutta High Court allowed an application for rectification directing the Trademarks Registrar to cancel the registration granted to and remove the impugned mark ‘Neemyle’. AWACS data highlights that innovator drugs maintain market hold even after patent expiry. Louis Vuitton Malletier v. Capital General Store and Anr.

Copyright Infringement 105

Copyright Infringement Settlement Registration Trademark 105

Kashishipr

NOVEMBER 3, 2021

Interestingly, in these cases, the trademark owner itself/himself misused the trademark as the generic name of the product in advertising and Patent Applications. ESCALATOR, THERMOS, CELLOPHANE, and ASPIRIN are often cited as examples of marks that have been declared generic.

Trademark 105

Trademark Branding Brands Branding 105

SpicyIP

MAY 15, 2023

Considering that the petitioner is the prior user of the mark and has an earlier registration, Delhi High Court directs the Trademarks registry to remove the respondent’s allegedly similar mark. on 8 May, 2023 (Delhi High Court) This case concerned rectification of the Trademarks Register by removing the respondent’s.

Trademark 104

Trademark Registration Cease and Desist IP 104

SpicyIP

FEBRUARY 5, 2023

Case Summaries Delhi High Court cancels a registered mark on the basis of an unregistered similar device mark. on 30 January, 2023 (Delhi High Court) Can a registered trademark be cancelled on the basis of an unregistered similar device mark? Case: Raj Kumar Sharma vs Sandeep Kumar & Anr.

Music 119

Music Copyright Trademark IP 119