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Category: Intellectual Property

Whether it is correct to use registered trademark ® symbol without registration?

July 9, 2016
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| Categories: Branding, Intellectual Property, Trademark

  Trademark registration involves several stages from application to publication before it is finally registered (see our earlier post on stages involved).  It takes upwards of 12 to 18 months for a trademark to attain registration in India, provided that there is no objection or opposition. Symbols such as TM and ® are used by trademark owner to caution general public that the mark is a registered trademark. There is no legal impediment to use TM symbol while a trademark application is pending, but to use a ® symbol one must have a valid registration. There is common misconception among significant number of population that it is okay to use ® symbol without a valid registration.  Trademark applicants tend to use...

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Reasons why Madrid protocol may or may not suit you?

June 30, 2016
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| Categories: Intellectual Property, Trademark

Madrid protocol is a trademark terminology which is as fancier as it can get and is mostly commonly referred to as international trademark registration.  Indian companies desirous of protecting their trademarks in other countries tend to increasingly incline toward this application system, without fully understanding the risks and benefits of the system.  It is imperative to examine its pros and cons to determine whether it suits your needs before taking this route.  In most cases, Madrid system turns to be costlier than the national or direct filing route. [caption id="" align="alignleft" width="768"] Madrid System[/caption]           Madrid Protocol is an international treaty that enables an application of a trademark to seek registration in any of the countries...

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En-masse orders of abandonment of TM applications stayed by Delhi HC

April 12, 2016
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| Categories: Branding, Intellectual Property, Trademark

Subsequent to the public notice dated 04/04/2016 issued by the Trade Marks Registry regarding en masse abandonment of TM applications for non-filing of response to examination reports, wherein applicants and/or agents were asked to send their representations to the registry via email before 30/04/2016 for further action, now the Registry has issued another notification wherein it stated that all order of abandonment issued after 20/03/2016 are being kept at abeyance and have asked the applicants/agents to file their responses. The notification stated that, “Now that Writ Petitions WP (C) 3043/2016 & 3067/2016 were filed before the Hon’ble High Court Delhi and the Hon’ble Court vide their order dated 05/04/2016, has stayed the orders of abandonment passed by the Registrar on...

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Trademark fees to be increased again by 100%

November 22, 2015
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| Categories: Intellectual Property, Trademark
Revised Trademark Fee

The Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) has put forth a Draft Trade Marks (Amendment) Rules, 2015 for Public Comments. The draft includes a revised, inter alia, application fee and renewal fee. The current trademark application fee is Rs. 4000/- which was increased last year from Rs. 3500/-. Renewal fee towards a single class is Rs. 5000/- presently. The new fee structure proposes to increase the application fee to Rs. 8000/- for online applications and Rs. 8800/- for manual/paper filings, and renewal fee to be increased to Rs. 10000/- per class. [caption id="attachment_848" align="alignnone" width="300"] Revised Trademark Fee[/caption] While the fees are relatively lesser than foreign countries, the registration process still needs significant improvement,...

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Liquor company to face law suit for using Mahatma Gandhi’s image

January 4, 2015
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| Categories: Branding, Intellectual Property, Trademark

Significance of Images and Designs in Brewing Industry Images and bottle designs play a vital role when it comes to liquor manufacturers as they greatly enhance the distinctiveness of brand. However, there are limitations when it comes to using certain names, images, etc., in particular those linked to National significance. In fact, when it comes to company names, only government-owned establishments can use the word such as "National". This is even applicable for domain names too. The case of "Gandhi-bot" trademark Now, a US-based liquor company, New England Brewing, is facing trouble for capitalizing on Mahatma Gandhi's reputation by featuring image resembling Mahatma. The Connecticut-based company went a step further to state that its intention was to pay homage and...

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Xiaomi Infringement Case – an overprotection?

December 11, 2014
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| Categories: Intellectual Property, Patents

Ericsson, a Swedish MNC, got an ex parte interim order from the Delhi High Court against Xiaomi in a case involving infringement of patents relating to AMR technology, 2G and 3G technologies. It is interesting to note that Ericsson had in the past sued Micromax, Gionee, and Intex and did not succeed against Intex but the other two companies. While this being the case, there is also a complaint pending before the competition commission of india (CCI) for alleged unfair trade practices in patents by Ericsson. The injunction now prohibits Xiaomi and its e-tailer Flipkart, which has also been implicated in this case, from selling, advertising, manufacturing or importing the devices that infringe these patents. Also, directions were issued to...

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