Category: Trademark

India’s time to delve into IP laws

9th March, 2017 - 6:43 am Categories: Copyright India IP Practice in India News & Updates Patents Trademark

Shireen Shukla, legal intern at Kkurana & Khurana, probes the recent International IP Index report, released by U.S. Chamber of Commerce, where India stood at 43rd position, out of 45 countries. On 8th February, 2017 U.S. Chamber of Commerce released its 5th annual International IP Index, “The Roots of Innovation,” rating 45 world economies on patents, … Continue reading India’s time to delve into IP laws

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THE TRADE MARK RULES, 2017: AT A GLANCE Simple. Straightforward. Faster.

9th March, 2017 - 6:17 am Categories: India News & Updates Trademark

The Trade Mark Rules, 2017 notified and came into effect on 6th March 2017 repealing the Trade Mark Rules, 2002. These rules have been framed with the intention of simplifying and expediting the procedure for registration of Trade Marks in India. Key Highlights of the New Rules: Categorization of Applicant and Fees Increase in Fees … Continue reading THE TRADE MARK RULES, 2017: AT A GLANCE Simple. Straightforward. Faster.

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NEPAL’S IP LAW: AN ENCAPSULATION

21st February, 2017 - 5:46 am Categories: Design NEPAL Patents Trademark

Intellectual property law in Nepal is comparatively new and it enjoys the extension provided to the least developed countries to be compliant under the TRIPS agreement. Patents, Designs and Trademarks are protected under one head, and the governing act/ legislation is known as “The Patent, Design and Trade Mark Act, 2022 (1965)” (hereinafter referred to … Continue reading NEPAL’S IP LAW: AN ENCAPSULATION

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Simplified account of Trademark Registration in India

27th December, 2016 - 6:40 am Categories: India Trademark

We had written an article giving a simplified account of Patenting procedures in India to enable readers who are new to the Patents. A similar attempt is being made here to provide answers to the Trademark FAQs so as to enable readers who are new to Trademark. What is a trademark? What is the mark? … Continue reading Simplified account of Trademark Registration in India

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THE ORIGIN STORY OF “SUPERHERO”

17th November, 2016 - 5:21 am Categories: Trademark

Ms. Sakshi Sharma, an intern at Khurana & Khurana looks into recent opposition matters pertaining to the Trade Mark Superhero of DC and Marvel. Upon uttering the word Superhero, pretty obviously all you can picture are comic books or movies, the characters themselves or the two comic book giants which are constantly at loggerheads with … Continue reading THE ORIGIN STORY OF “SUPERHERO”

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SEVEN TOWNS V. KIDDLAND: DELHI HIGH COURT ON TRADE DRESS PROTECTION

12th November, 2016 - 5:51 am Categories: India News & Updates Trademark Trademark Litigation

The concept of trade dress, although closely associated with trademarks is not explicitly recognized in Indian legislations unlike its U.S.A. counterpart. In Indian context, upon looking closely at the definitions of “mark” and “package” under S. 2 of the Trade Marks Act, 1999 we see that the trade dresses are also protected. To define it, … Continue reading SEVEN TOWNS V. KIDDLAND: DELHI HIGH COURT ON TRADE DRESS PROTECTION

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Trademark/ Copyright and Patents Suits/ Civil Proceedings: Why Non-uniformity in Jurisdictions Available to Plaintiffs?

17th June, 2016 - 12:20 pm Categories: Copyright Copyright Infringement India News & Updates Patents Trademark

Section 62 of the Copyright Act, 1957, Section 134 of the Trademark Act, 1999, Section 104 of the Patents Act, 1970 and section 20 of Code of Civil Procedure (CPC), 1908 govern the applicable jurisdiction to file suits/ civil proceedings in case of Copyright, Trademark and Patent disputes. These sections have been reproduced below: For … Continue reading Trademark/ Copyright and Patents Suits/ Civil Proceedings: Why Non-uniformity in Jurisdictions Available to Plaintiffs?

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Analyzing the Applicable Jurisdiction for Trademark and Copyright Disputes

14th June, 2016 - 5:12 am Categories: Copyright Copyright Infringement India News & Updates Trademark

Years 2015 and 2016 have been very important in terms of what they have offered to bring clarity on the jurisdiction where suits/ civil proceedings related to Trademark and Copyright can be instituted. IIPRD has written one article discussing some of these cases. Intent of the instant article is not to discuss facts of those … Continue reading Analyzing the Applicable Jurisdiction for Trademark and Copyright Disputes

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Era of Start-Ups in India-ease in Intellectual Property Registration to be Decisive Factor

25th May, 2016 - 12:19 pm Categories: Design India News & Updates Patents Trademark

There have been many developments recently that have streamlined the of registration of Intellectual Properties (IPs) of Start-Ups. This article discusses the chronological events and the latest position on the IP registration of Start-Ups. Under the ambitious plan, ‘StartUp India, StandUp India’, Government of India launched Scheme for Facilitating Start-Ups Intellectual Property Protection (SIPP). This … Continue reading Era of Start-Ups in India-ease in Intellectual Property Registration to be Decisive Factor

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Notification Related to Abeyance of Mass Abandonment Orders: A Sigh of Relief to Trademark Applicants

19th April, 2016 - 4:28 am Categories: India News & Updates Trademark

Reportedly, the Trade Mark registry has abandoned huge number of trademark application since 28th March 2016. The Intellectual Property Attorneys Association, an organization based in Delhi, filed writ petition at Delhi High court alleging that the trademark registry has cancelled an unusually huge number of trademark applications without issuing notices to the applicants or their … Continue reading Notification Related to Abeyance of Mass Abandonment Orders: A Sigh of Relief to Trademark Applicants

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