Patent Trademark Blog

MARCH 18, 2022

This is where trademarks play a role. Unlike patents, the role of a trademark is not to signify something new, but rather to indicate the source of the product or service. Trademarks can last indefinitely. Unlike patents, trademarks do not necessarily need to be registered in order to be protectable.

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Intellectual Property IP Confidentiality Patent Application 52

LexBlog IP

APRIL 19, 2023

Amazon sellers must understand the major forms of intellectual property –patents, trademarks, and copyrights–and the common pitfalls associated with each form to avoid infringement allegations, storefront disruptions or closures, and even lawsuits. Registering trademarks with the U.S.

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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. Delhi High Court declared ITC’s ‘Bukhara’ to be a well-known trademark. Image from here.

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Trademark Registering Trademarks Registration IP 105

Kashishipr

MAY 25, 2022

One of the essential requirements to be met for obtaining Patent Protection is that of novelty, i.e., the invention in question must be unique around the world. Patent Search and its Importance. A patent search is the first step of the Patent Registration process in India, and that too is a crucial one.

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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.

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Patent Prosecution Invention Journalism IP 111

Art Law Journal

JUNE 30, 2022

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”. Trademarks.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

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.

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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.

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Marketing Marketing Inventor Invention 119

SpicyIP

MARCH 25, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the new Patent (Amendment) Rules, and some thoughts on safeguards which can be used by intermediaries to prevent trademark infringement. However, the Appellants filed an application seeking leave to submit an auxiliary claim. Pfizer Inc. &

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Trademark Patent Copyright Confidentiality 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

There are several types of IPRs that startups should be aware of: Patents: Patents protect new inventions and grant exclusive rights to the inventor for a limited period. These rights encompass various forms of intangible assets, including patents, trademarks, copyrights, and trade secrets.

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Intellectual Property Cease and Desist Invention Branding 52

Art Law Journal

JUNE 30, 2022

Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”. Trademarks. Your Copy-Rights.

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Intellectual Property IP Invention Designs 52

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.

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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.

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IP Patent Invention Licensing 105

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).

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Patent Intellectual Property Invention Ownership 105

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.

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Patent Troll Patent Inventor Intellectual Property 98

Patent Trademark Blog

NOVEMBER 30, 2023

Rejected Trademark Application? Get a Design Patent Instead The path to registering a trademark can be strewn with landmines. When your trademark application faces difficult rejections, would a design patent make more sense? Having difficulty trademarking your brand?

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Design Patent Designs Design Trademark 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.

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Branding Brands Branding Business 98

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.

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Patent Invention Licensing Intellectual Property 45

Kashishipr

NOVEMBER 3, 2021

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. What is Genericide of a Trademark? Genericide of a trademark occurs when it is reduced to a common term identifying a category of products.

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Trademark Branding Brands Branding 105

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 (..)

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SpicyIP

JANUARY 9, 2023

Wheels of Trademark Go Round-and-Round: Analyzing the ‘Yezdi’ Order of Karnataka High Court. 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. Registrar of Trademarks and Ors., Ideal Jawa (India) Ltd.

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SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

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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.

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IP Trademark Advertising Advertising 59

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. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

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IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

AUGUST 14, 2023

Praharsh wrote on the Delhi High Court’s Division Bench order staying the operation of the Single Judge’s direction in Vifor “Product by Process Claims” case and on the Oppositions Status Report filed by the Trademark Registry before the Delhi High Court. Modern Foods v. Case: Google v. DRS Logistics (P) Ltd. &

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Trademark Registration Art Reporting 98

SpicyIP

JANUARY 8, 2024

Wrapping up the first week of 2024, here is a brief recap of our hard-hitting post on TKDL, the detailed comments on the draft Calcutta High Court IPR Division Rules, and an informative take on scandalous and obscene trademark prosecution in India. Discussing the historical foundation of refusing registration to such marks Prof.

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Trademark Registering Trademarks Public Domain Registration 59

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. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

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IP Intellectual Property Social Media Cease and Desist 52

SpicyIP

MAY 15, 2023

Delhi High Court Sets Aside 3 Orders from the Patent Office and the Trademark Registry, in 1 day! Image from here The Delhi High Court has recently been remanding back a lot of unreasoned orders from the IP Offices rejecting a patent or trademark application. Case: Holyland Marketing Pvt.

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Trademark Registration Cease and Desist IP 104

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’. Delhi District court decreed a suit regarding infringement of trademark and restrained the Defendant from using deceptively similar mark ‘Kamaksh’.

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Copyright Infringement Settlement Registration Trademark 105

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. Case: Jindal Stainless (Hisar) Ltd.

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Music Copyright Trademark IP 119