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Category: Intellectual Property

The story and fate of Khadi trademark

December 7, 2014
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| Categories: Intellectual Property, Trademark

It is nothing new for us as we have had similar past experiences and spent a few crores of exchequer's money to defend against biopiracy and intellectual property theft. Patenting of Turmeric and Neem, trademarking of Basmati in the past do not fade away easily. History now repeats itself and this time it is the Khadi trademark which is under dispute. The German company, named Khadi Natureprodukte GbR, has registered 'Khadi' as a trademark with the European agency, OHIM (Office for Harmonization in the Internal Market). Spain-based OHIM is the nodal agency looking after Trademarks and Design Registration in the European Union. The Khadi and Village Industries Commission (KVIC), a statutory body engaged in promoting and developing khadi and village...

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Why patent search is very important?

October 27, 2014
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| Categories: Intellectual Property, Patents

Importance of Patent Search It is a well regarded fact that a good idea does not necessarily mean it is patentable or a good invention. Many inventions meet death without seeing the light of commercial success, due to several reasons.  On the other hand many patents get invalidated due to infringement upon other patents and for the most part, this can be attributable to inefficient patent search. Without a diligent patent search, you will most likely end up "reinventing a wheel" again.  The damage caused due to this is not limited to time, costs and efforts. Patent information search is crucial for inventors, R&D departments and for any business entity dealing with innovation and inventions. The case below is the best...

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TM5 – a new framework by key players in trademarks

October 3, 2014
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| Categories: Intellectual Property, Trademark

The TM5 is a conglomerating of the world’s top five trademark offices 1) China’s State Administration for Industry and Commerce (SAIC) 2)  Europe’s Office for Harmonization in the Internal Market (OHIM) 3)  the Japan Patent Office (JPO) 4) South Korea’s Korean Intellectual Property Office (KIPO) 5) the United States Patent and Trademark Office (USPTO). These offices reportedly account for 70 percent of all trademark and design applications worldwide. The TM5 grew out of the Trademark Trilateral, a cooperative framework of the JPO, OHIM and the USPTO that was formed in 2001.  After expansions in 2011 and 2012 to include KIPO and SAIC, respectively, the group has had gradually evolved into its present form. The tmfive.org website contains the history and objectives of...

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Trademark fees revised, increases by a few hundreds!

August 8, 2014
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| Categories: Intellectual Property, Trademark

Trademark Fee and Fee for Expedited Examination go up! We blogged a while ago regarding the proposed increase in fee for trademark application (http://sevenelementz.net/legal/tm-registry-to-hike-costs-for-trademark-registration/). Coming as a surprise notification, the Trade Mark Registry posted an update on its website on August 7, 2014 notifying the fee increase of Rs. 500 in trademark application fee, i.e., from Rs. 3500 to Rs. 4000.  Also, the fee for expedited examination is increased to Rs. 20,000.  The notification can be seen (http://ipindia.nic.in/iponew/publicNotice_07August2014.pdf)   What changes the stakeholders expect to see? One can only hope that such fee increase would add revenue so more competent and qualified resources can be employed and consequently it would increase the efficiency of existing operations and reduce the pendency...

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Football World Cup and Trademarks: How companies promote their brand?

July 5, 2014
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| Categories: Branding, Intellectual Property, Trademark

It is not an exaggeration to say that people around the world have all of a sudden become hardcore football fans, at least took a small hiatus from their favorite games, over the past few weeks. Apart from the game in and of itself, other interesting incidents have made it more entertaining and speculating. One such thing is Uruguay player Luis Suarez’s apparent bite on an opposition footballer of Italy at the World Cup. While the sports community see it as an embarrassing and objectionable act, top brands refuse to see it that way but as a platform to promote their brands and products. Immediately after the incident, many brands around the world have jumped into the incident and starting...

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Pepsico gets relief in AQUAFINA trademark case

June 13, 2014
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| Categories: Copyright, Intellectual Property, Trademark

We live in an era when water is slowly becoming a commodity. Those days are not too far when water will no longer be freely and easily accessible or available. There are numerous brands under which bottled water is being sold in the marketplace, and for the most part, most of them adapt similar colour combination and texts on their labels and the labels printed on them bear similarities. Among thousands of small companies, sizable players are Coca Cola and Pespisco, and AQUAFINA is the registered trademark of PEPSICO. Small time proprietors are increasingly become ignorant of business ethics, laws and statutory compliance, and are willing to take significantly high risks for petty profits. AQUAFINA Vs AQUA FIES Permanent Injunction and Rs. 5 Lakh damages...

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