201802.28
1

The working of a “working statement”

In our previous post, we had reported a dramatic development in a public interest petition pending before the Delhi High Court, bringing to the court’s attention that working statements required to be filed by the Patentees and licensees (every year on or before 31st March) are either not being filed or complete information is not…

201802.26
1

The perils of adopting and enforcing a generic mark

The Delhi High Court by its recent order set aside an ex-parte injunction that it granted seven years back and which continued until the matter was set down for arguments. The Court order has once again stressed the inherent difficulties in enforcing a generic mark. The Court was adjudicating an injunction application filed by the…

201802.23
2

CG notice regarding Increase in the Trade Mark Application fees

In an unexpected development, the Trademarks Office has decided to increase the official fees for new application/s and fee for expedited examination request with effect from August 1, 2014. The Controller General of Patents, Designs and Trade Marks (“CG”) has issued a notice requesting the Applicants/Attorneys/Proprietors to pay the balance fees before September 30, 2014.The…

201802.22
2

IP Appellate Board embraces Digital India Initiative

In an interesting case involving transfer of Intellectual property between two entities located outside India where the trademarks were owned by an Australian company but used in India, the Delhi High court in an Appeal from Authority of Advance Ruling (AAR) has held that such transaction is not taxable in India. Facts of the case…

201802.22
1

IPAB lays down roadmap to clear backlog

The new chairman of IPAB Mr. Justice Manmohan Singh (retired) has energized its functioning soon after he assumed charge on 2nd January, 2018. Between 18th to 25th January, 2018 over 200 cases were listed in Delhi and dates for final arguments/ disposal set down. In fact, a number of cancellation/ rectification petitions where the parties…

201802.22
1

Tug of war between real estate companies over ‘Lotus’

The dispute between the parties who are in real estate business revolves around the use of the word ‘Lotus’. The Plaintiff, Lotus Green LLP, (Lotus Green) filed the suit before the Delhi High Court to restrain the Defendant, Renowned Buildtech Private Limited (RBPL) from using the mark “Lotus” in relation to their business and obtained…

201802.22
1

Patent holders caught by surprise-Licenses / Sub-licenses must be disclosed!!

As per the Indian Patent Act and Rules (Section 146 and Rule 131) every year Patentee/licensee is required to furnish details of the “extent of working” of the patented Invention. This has been subject of intense debate considering the patent holders have reservation in providing such ‘business/commercially’ sensitive information which is accessible publically through patent…

201802.22
1

Bangalore’s real Adiga

Adiga, family name that originated from coastal belt of Karnataka was subject matter of dispute between parties in food business. The current post discusses an appeal filed by Adiga Sweets (AS) before the Karnataka High Court against the judgement of the Additional City Civil Judge, Bengaluru City. The City Civil Court had after trial granted…

201802.22
1

Patent granted to Chocolate Flavour Tea

The current post draws its reference from a pre-grant opposition filed by FEDERATION OF ALL INDIA TEA TRADERS ASSOCIATION (FAIITTA) to a patent application bearing no. 3293/CHE/2011 titled “Process for preparing fresh Tea with chocolate flavour”. The Invention in summary relates to process for preparing fresh tea having chocolate flavour. According to applicant’s reply to…