The Indian patent system works on several deadlines throughout the patent prosecution cycle. While some of the deadlines are extendible, there is no flexibility in others, and as a result, missing them can result in the abandonment of the patent application. Thus, compliance with the statutory deadlines is critical to safeguard exclusive rights over the…
In its recent judgment ‘Excitel Pvt. Ltd. vs. The Registrar of Trade Marks’, the Delhi High Court has addressed the admissibility of internet extracts as evidence in trademark proceedings before the Trademarks Office. The Court observed that rejecting internet or website extracts as evidence of use of a mark in trademark proceedings on the ground…
The post covers an Appeal from the order of the District Judge-2, Nagpur, to the Bombay High Court over rights in the mark ‘SHRIPHAL’. The Plaintiff, Mysore Deep Perfumery Household (Mysore Perfumery) filed the action against Sunilkumar Amrutlal Jain (Sunilkumar), alleging passing off and to restrain the latter from using the mark SHRIPHAL in relation…
Alkem Laboratories Ltd (Alkem) has approached the Delhi High Court seeking permission to sell the existing stock of the product ‘ALDIGESIC PAIN RELIEF’ pending the final case decision. Laborate Pharmaceuticals India Ltd (Laborate) alleged that Alkem’s product packaging of ‘ALDIGESIC’ product was similar to the product sold by them under the mark ‘LABDIC RELIEF’. The…
What is the forum in India to file patent invalidity proceedings? The patent invalidity proceedings can be filed at the Patent Office in Mumbai, Delhi, Kolkata, and Chennai based on the office that granted the patent. However, if the defendant seeks to challenge the patent’s validity during an infringement action, the action must be transferred…
This post covers a recent judgement of the Delhi High Court titled ‘KEI Industries Limited vs. Raman Kwatra & Anr.’ that focuses upon the issue- whether honest and concurrent use can be asserted as a defence against trademark infringement. The Plaintiff (KEI Industries) filed the suit against the Defendants alleging trademark infringement against use of…
Ms Suvarna Pandey, Associate Partner, delivered a talk on “Patentability of Research and Valuation.” She spoke on how we can protect our research and evaluate its market value under the patent head. Mr Ajay Kumar, Managing Associate, informed about trademarks filling and prosecution in India. He shared his trademark handling knowledge with the participants. The…
Ms Suvarna Pandey and Mr. Chandan Kumar were invited as speakers by Delhi Technological University for the workshop on ‘Intellectual Property Rights and IP Management for start ups’, scheduled on Thursday 28th April 2022. They addressed the faculties and students of the Software engineering department on the topic “Patentability of Inventions” and focused on the…
To attract investment from companies and IP holders to manufacture and distribute their products in India and to assure brand owners that their rights are safeguarded, the Indian government has taken several steps to streamline enforcement procedures. The setting up of commercial courts to deal with IP disputes and, recently, establishing the IP Division at…
Google AdWords Program (now known as Google Ads) is a cause for consternation among brand owners. The keywords offered by Google as part of the Google Ads program, on which advertisers can bid, includes trademarks. As a result, the trademark owners and their competitors can bid for the keywords linked to the Google search algorithm…
