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…
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In an interesting development arising out of a Special Leave Petition (C) No. 18892 of 2017, challenging the interim order of the High Court of Delhi dated March 10, 2017 passed in AZ Tech (India) & Anr. v. Intex Technologies (India) Ltd. & Anr. (FAO (OS) No. 1/2017), the SC expressed its surprise over the…
The Indian Patent Office will now publish in the weekly journal information about list of patent applications for which First Examination Report (FER) has been issued. Though, there has been no official notification issued however, the journals issued from 13th October bear information about list of applications for which FERs have been issued. The information…
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…
