What is protectable under Indian Design Act? A design protection is provided for new or original features of shape, configuration pattern, ornamentation or composition of lines or colours as applied to an article. It is to be judged solely by appeal to the eye. Can a priority be claimed based on an application outside India?…

A complaint is filed with the Crime Branch of Police supported with copies of our registration certificates and further evidence in support of goodwill and reputation of our mark. Generally the complaint is filed against unknown persons infringing/counterfeiting the goods/mark, to avoid any leakage by the police. How long criminal prosecution takes? Generally police takes…

What information/documents are required for filing a patent application in India? The following: title of the invention; complete specification describing the invention with at least one ‘claim’ (for filing a non-provisional application); drawings (if necessary in order to understand the invention) and statement of claims; certified priority documents (if priority is claimed),in the original language,…

What are the different kinds of mark that can be registered as trade-marks under the Trade Marks Act, 2009? Word marks, logos, signatures, names, devices, labels, ticket, letter, symbol, numeral(s) and/or any Combination of these Combinations of colors Is registration of a trade mark essential? Registration, though not essential, is advisable as it is prima…

What are the different kinds of mark that can be registered as trademarks under the Trade Marks Ordinance, 2001? Word marks, logos, signatures, names, devices, labels, numeral(s) and/or any Combination of these Combinations of colours Shape of goods Sound marks Smell marks (None have so far been registered). Is registration of a trade mark essential? Registration, though…

Who can file the Notice of Opposition? Under Indian law, ‘any person’ can file the notice of opposition. This includes individuals, companies, partnership firms and trusts. Two or more persons can be joined as opponents in the same notice of opposition provided the issues are the same. What is the time period for filing the…