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Month: February 2014

New Indian Patent Rules 2014 comes into effect w.e.f. Feb 28

February 28, 2014
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| Categories: Intellectual Property, Patents

New Patent Rules 2014 Last year shortly after the Patent Agent Exam in 2013, IPO notified the proposal for amendment of patent rules and had invited comments from the stakeholders and public.  The new amendments mainly had to do with increment in fee structure and introduction of new forms. Today, Government of India notified that Patents (Amendment) Rules 2014 has come into force w.e.f. 28 February 2014. The said rules are available on the official website of the Department of Industrial Policy and Promotion (Ministry of HRD), www.dipp.nic.in, and of the Office of Controller General of Patents, Designs and Trade Marks, www.ipindia.nic.in. What has changed now? A sneak peek at the latest amendment reveals the following: Increased fee structure Introduced of a new...

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Another huge step into computerization – Indian Trademark Registry

February 25, 2014
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| Categories: Intellectual Property, Trademark

We all know that Indian Trademark Office is religiously working into fully computerizing its day-to-day operations.  More recently in the first week of February 2014, i.e., on 05/02/14, a notification came as a surprise announcing that several TM forms would be accessible through e-filing platform and we also wrote on it Indian trademark registry goes 90% computerized. Another pleasant surprise came a few moments ago when our Indian Trademark Office published yet another notification on its site which read that a few other forms were added through the e-filing platform.  There are currently a total of 87 forms and currently as per the latest notification, a total of 57 forms were accessible through the e-filing platform. It is indeed a...

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TRADEMARK OBJECTION Vs OPPOSITION IN INDIA– EXPLAINED

February 7, 2014
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| Categories: Intellectual Property, Trademark

It is a common misconception among the general public that trademark registration just begins and ends with filling up a form (TM-1) and submitting it before the trademark office.  Contrastingly, a trademark application goes through several stages before it is finally registered, and in some cases, even after registration, revocation or cancellation proceedings are initiated by third parties under several grounds. In other countries, objection and opposition are used interchangeably.  However, in India, they denote different type of proceedings.  Objection is instituted by trademark examiner and opposition, by a third-party. What is objection? Objection is a preliminary refusal issued by the trademark examiner after examination of your application.  Some common grounds for objection are a) lack of distinctiveness (Section 9)...

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E-filing services – Indian Trademark Registry gets 90% digitized

February 5, 2014
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| Categories: Intellectual Property, Trademark

It has been quite some time since our Indian Patent and Trademark Office had launched its online e-filing platform.  Of note, the Copyright Board did also launch similar services in 2009, but it did not go well as planned and went completely dysfunctional in a few months of its launch. Most recently in November-December 2013, Indian Trademark Office introduced online facility for filing Madrid applications as well as filing reply to examination report.  What comes as a more pleasant news for stakeholders and public is that now our Trademark Office accepts the following forms through its E-filing platform: Renewal - TM-12, TM-10,  and T-23 Opposition - TM-5, TM-26, TM-6 and TM-7 Correction - TM-16 Legal Certificate - TM-46 and TM-70...

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