Category: Trademark

Simplified account of Trademark Registration in India

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”

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

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?

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

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

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

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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IP Workshop held at Hotel Hilton, Jaipur

IIPRD in association with Khurana and Khurana, Advocates and IP attorneys has recently conducted an IP Workshop on 8th of February, 2016 at “Hotel Hilton”, Jaipur. Hereinbelow are the snapshots of activities conducted at the workshop – As a part of our ongoing Educational and Awareness Programme on IPR, IIPRD takes pride to have successfully … Continue reading IP Workshop held at Hotel Hilton, Jaipur

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IP Workshop held at Courtyard By Marriott, Bhopal

IIPRD in association with Khurana and Khurana, Advocates and IP attorneys has recently conducted an IP Workshop on 30th of November, 2015 at “Courtyard By Marriott”, Bhopal. Hereinbelow are the snapshots of activities conducted at the workshop – As a part of our ongoing Educational and Awareness Programme on IPR, IIPRD takes pride to have … Continue reading IP Workshop held at Courtyard By Marriott, Bhopal

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Interpretation of the Term “Aggrieved Person” Under Section 47 of Trade Mark Act, 1999

The Hon’ble High Court of Delhi in the case Adidas AG v Union of India and Anr vide W.P.(C) 3125/2013 set aside the impugned ex parte order by IPAB dated 28th December 2012 and remanded the matter to IPAB for fresh consideration. BRIEF FACTS OF THE CASE: In the instant case, Petitioner has trademark “RESPONSE” … Continue reading Interpretation of the Term “Aggrieved Person” Under Section 47 of Trade Mark Act, 1999

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