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  • Article

    Trademarks – Filing Of Evidence In Case Of Opposition – Rule 46(2) Held Ultra Vires Section 21 And Read Down To Mean Deemed Abandonment Of Letting In Evidence Only

    The Madras High Court has held Rule 46(2) of the Trade Marks Rules, 2017 to be ultra vires Section 21 of the Trade Marks Act, 1999. Rule 46(1) provides for filing of evidence in support of the application for registration of trademark and sub-rule (2)...
    IndiaIntellectual Property
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    ´Orchid´ Appeal Unsuccessful - Kich Not Responsible For Delay

    Delay and laches many-a-times lay the foundation for contending appeals. While the Indian law allows an appeal to be filed purely on legal grounds, devoid of facts and evidence, delay often is the only ground that is raised in deciding matters in an appeal.
    India
Intellectual Property
Lex Orbis
Lex Orbis
  • Article

    A Busy Year For IP In India

    In recent years, India has made robust progress not only in implementing its obligations under various international treaties but also in developing its own IP regime.
    IndiaIntellectual Property
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Appeal Opposing Injunction On MICO Fails

    Dealing with an appeal challenging the order of a Single Judge granting an interim injunction is the case of “Micolube India Ltd. v. Maggon Auto Centre” 2008 (38)PTC 271 (Del.)(DB).
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Assessing Similarity In Marks Before Differences

    It is interesting to note that the essence of ‘trademarking' is to create an inherent association between the product and the brand.
    IndiaIntellectual Property
    R. K. Dewan & Co
    R. K. Dewan & Co
  • Article

    At War With Satan!

    In a recent suit filed against Netflix and Warner Bros. at the US District Court of New York, the Plaintiff, the Satanic Temple group ...
    IndiaIntellectual Property
    R. K. Dewan & Co
    R. K. Dewan & Co
  • Article

    AUM Registration Upheld to be Valid

    Dispute was over a registered trademark "AUM" in respect of jewellery items for which Goldgem Overseas sued Flawless Diamonds claiming infringement and passing off, came before the Bombay High Court in Goldgem Overseas vs. Flawless Diamonds 2009 (39) PTC 420 (Bom.).
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Bata Succeeds On Procedural Grounds

    Trademarks in serving the purpose of “identification” and “brand-establishment” often become the bone of contention as regards attainment of the status of a generic word. While the issue of deceptive similarity may also cloud such a matter, rival impress upon holders of trademarks opposition and cancellation applications.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    BCCI Bowls Out Junior Indian Premier League

    India is a cricket loving nation, the sport has its fair share of aficionados in India and the organization basking in all this adulation is the Board of Control for Cricket in India (BCCI).
    IndiaIntellectual Property
    R. K. Dewan & Co
    R. K. Dewan & Co
  • Article

    Can Creation Of Parodies Be Exempted From The Purview Of Intellectual Property Violations?

    "My Other Bag" (hereinafter referred to as "MOB") is a US brand which manufactures and sells eco-friendly cotton tote bags. On these bags of MOB,
    IndiaIntellectual Property
    R. K. Dewan & Co
    R. K. Dewan & Co
  • Article

    CGPDTM Addresses Issues On Opposition Backlog

    Post a stakeholders meeting held with the new Controller General (CGPDTM) where the legal community had raised concerns on the backlog at the Trade Marks Office (TMO) ...
    IndiaIntellectual Property
    Anand & Anand
    Anand & Anand
  • Article

    CGPDTM Launches IPO Grievance Portal

    The Office of the Controller General of Patents, Designs and Trademarks (CGPDTM) has issued a public notice dated October 31, 2022, inviting all the aggrieved stakeholders to lodge...
    IndiaIntellectual Property
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Common Words Make Weak Trademarks- Lessons From The Delhi High Court

    Two recent decisions from the Delhi High Court highlight the risks of building brands around common or laudatory terms.
    IndiaIntellectual Property
    RNA Technology and IP Attorneys
    RNA Technology and IP Attorneys
  • Article

    Controller General Of Patents, Designs & Trademarks Declared A Clarification On Section 5(3) Of Designs Act, 2000

    Controller General of Patents, Designs & Trademarks, via circular No. 1 of 2015 dated 18.08.2015 declared a clarification on Section 5(3) of the Designs Act, 2000.
    IndiaIntellectual Property
    S&A Law Offices
    S&A Law Offices
  • Article

    Counterfeiting – No More A Cake Walk

    The Bombay High Court has passed an unprecedented order in Nippon Steel & Sumitomo Metal Corporation Vs Kishor D Jain & Anr (Notice of Motion (L) No 810 of 2019 in COMIP (L) No 383 of 2019) imposing costs ...
    IndiaIntellectual Property
    Khaitan & Co.
    Khaitan & Co.
  • Article

    COVID-19 And The Marks It Has Left

    The COVID-19 pandemic has wreaked havoc globally and has deeply penetrated in all our lives, thereby compelling us to bring about a paradigm...
    IndiaIntellectual Property
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Customs Circular: Parallel Imports Are Legitimate

    In another twist to the ‘parallel imports’ saga, the Central Board of Excise and Customs (CBEC) has issued a circular dated May 8 2012 that aimed to dispel the uncertainty resulting from the conflicting views that emerged from the Samsung and Dell cases in relation to the import of genuine goods procured without the consent of the registered trademark owner.
    IndiaIntellectual Property
    Ranjan Narula Associates
    Ranjan Narula Associates
  • Article

    Deceptive Similarity Revisited in V.Pichandi Sole Proprietor & Ors.

    In Law, Deceptive similarity indicates confusion caused either deliberately or inadvertently over two similar products enough to mislead an ordinary prudent man that he is likely to choose the deceptive product over the original product.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Delhi High Court Decides on TM and Design in S.K. Industries Case

    Trademarks and design rights, both play a prominent role in helping a brand establish its presence in its market. While marks help consumers develop association with products, designs registered may themselves differentiate one product form the other.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Delhi High Court Objects The Trademark Registrations Granted During The Pandemic; Extends Limitation To File Oppositions

    In the matter of DR. REDDYS LABORATORIES LIMITED V. CONTROLLER GENERAL OF PATENTS DESIGNS AND TRADEMARKS (W.P.(C)-IPD-4/2022) the Delhi High Court vide its order dated 21.03.2022...
    IndiaIntellectual Property
    S&A Law Offices
    S&A Law Offices
  • Showing 181–200 of 2877 results

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