In this edition of our newsletter, we have two news pieces to share with our readers in the Copyright sphere in India. 1) With a view to advance and apply “Digital India” campaign to copyright, the Copyright office, as per its notice dated August 31, 2017, has decided to publish on its website http://copyright.gov.in the following information…
The Delhi High Court while considering an injunction application highlighted the importance of initiating timely action when safeguarding one’s rights. The Plaintiff, MEX Switchgears Pvt. Ltd (MEX) filed the suit against the Defendants, Omex Cables Industries and Ors alleging trademark infringement, passing off, damages etc. MEX filed the suit to safeguard its rights in the…
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…
While the Trade Marks Registry has since 2003 published a list of “well-known” marks on its website based on court decisions declaring a mark to be “famous” or “well known”, the Trade Marks Act, 1999 (“the Act”) had no specific provision to seek a formal declaration regarding the well-known status of a mark. To address this concern…
The following note examines the Indian Patent office position on grant of Industrial Design protection to Graphical User Interfaces and analyses a recent decision by the office which indicates that, though, a separate class exists which recognizes protection of such designs, the office is reluctant to register them, taking the view the graphical user interface…
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…
