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Author: sevenelementz

US Trademark will get costlier by 140% in January 2025

December 14, 2024
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| Categories: Intellectual Property, Trademark

The United States Patent and Trademark Office (USPTO) has announced a series of proposed fee increases for trademark filings and maintenance, expected to take effect in late 2024 and 2025. These changes aim to cover rising operational costs, fund technological improvements, and maintain the integrity of the trademark register by discouraging overly broad filings. Source: https://www.federalregister.gov/documents/2024/11/18/2024-26644/setting-and-adjusting-trademark-fees-during-fiscal-year-2025. Key Changes: Trademark Application Fees: The standard filing fee will remain $350 per class, but additional costs will be imposed for customized descriptions of goods/services. For instance, using non-standard descriptions will incur an extra $200 per class. Applications with descriptions exceeding 1,000 characters or insufficient detail will also face surcharges. Intent-to-Use Applications: Filing Amendments to Allege Use (AAU) and Statements of Use (SOU) will...

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Whether filing amendment of plaint after 120 days will reset the clock and enable the Defendant to file his written statement, Commercial Courts Act 2015?

November 26, 2024
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| Categories: Business Law

Under the Commercial Courts Act, 2015, the filing of a written statement by the defendant is governed by Order VIII Rule 1 of the Code of Civil Procedure, 1908 (CPC), as amended for commercial disputes. It mandates that a written statement must be filed within 30 days of service of summons and allows a maximum extension of 90 days, beyond which filing is not ordinarily permitted. Key Points Regarding Amendment of the Plaint: Effect of Amendment on Written Statement Timeline: When the plaintiff amends the plaint, it might introduce new facts or claims that require a response. The defendant has the right to file an additional or amended written statement only to the extent of the amendments in the plaint....

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What’s cooking between Dhanush and Nayanthara? Copyright Infringement

November 18, 2024
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| Categories: Copyright, Intellectual Property

The legal battle between Nayanthara and Dhanush centers around a dispute over the use of behind-the-scenes footage in a Netflix documentary about Nayanthara’s career. The controversy began when Nayanthara's team included a clip from the making of Naanum Rowdy Dhaan, a film produced by Dhanush. Dhanush sent a legal notice demanding the removal of the footage, arguing that as the producer of the film, he held exclusive rights to all materials related to it. He claimed that the footage was used without proper authorization, and if the clip wasn’t removed, he would seek damages. Nayanthara, in response, expressed her disappointment over the situation. She explained that she had made efforts to obtain the necessary permissions, including trying to secure a...

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Will CGPDTM India hike the trademark fee followed by USPTO?

November 16, 2024
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| Categories: Intellectual Property, Trademark, Uncategorized

Trademark Fee Adjustments in the U.S.: A 2025 Overview Effective January 18, 2025, the United States Patent and Trademark Office (USPTO) will implement a new trademark fee structure, introducing changes to ensure the financial sustainability of its operations while aligning fees with service costs. Below is a detailed breakdown of the changes in trademark fees. Key Fee Changes The new structure replaces some existing fees, introduces additional charges for certain application behaviors, and adjusts post-registration fees. The highlights are summarized in the table below: DescriptionCurrent FeeNew FeeChange ($)Percent Change (%)Trademark Application Filing FeesPaper Application (per class)$750$850$10013%Base Application (electronic, per class)N/A$350N/AN/AApplication via WIPO (per class)$500$600$10020%Surcharge FeesInsufficient Information (per class)N/A$100N/AN/AFree-form Text Entry (per class)N/A$200N/AN/AAdditional 1,000 Characters in Free-formN/A$200N/AN/APost-Registration Maintenance FeesSection 8 Declaration...

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How to make a sexual harrassment complaint under POSH to Internal Complaints Committee (ICC)?

November 14, 2024
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| Categories: Sexual Harassment

To make a complaint under the Prevention of Sexual Harassment (POSH) Act to the Internal Complaints Committee (ICC), follow these steps: 1. Understand the Eligibility and Nature of the Complaint The POSH Act applies to any employee who believes they have experienced sexual harassment at the workplace. The complaint must pertain to an act of sexual harassment, which includes unwelcome acts, physical contact, or verbal conduct of a sexual nature. 2. Draft the Written Complaint The complaint must be in writing. Clearly describe the incident(s), including: Dates and times of the incident(s). Location where the incident(s) occurred. Details of the act and specific actions that made you uncomfortable or felt like harassment. Names and details of the respondent(s) (person(s) against...

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Friendly behavior versus sexual advances at workplace: POSH (The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

November 12, 2024
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| Categories: Uncategorized

In a work environment, it can sometimes be challenging to discern between friendly interactions and advances that may be inappropriate or unwelcome. The Prevention of Sexual Harassment at Workplace Act, 2013 helps provide clarity by defining behaviors that constitute harassment, focusing on the impact of actions rather than intent alone. Here’s a guide to help recognize and differentiate between friendly behavior and potential sexual advances: 1. Nature of Conversation and Compliments Friendly: Genuine compliments on work performance, professional achievements, or neutral topics such as general well-being are typically friendly. They are given respectfully and infrequently, without a focus on personal appearance or matters unrelated to work. Inappropriate/Sexual Advances: Repeated comments about physical appearance, attire, or body, even if phrased politely,...

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