Category: Trademark

Jurisdiction of Courts Under Section 62 of the Copyright Act and Section 134 of the Trademarks Act

The Hon’ble Supreme Court of India in “INDIAN PERFORMING RIGHTS SOCIETY LTD. Versus. SANJAY DALIA AND ORS”: (2015) 10 SCC 161 and the Hon’ble Division Bench of Delhi High court in ULTRA HOMES CONSTRUCTION PVT. LTD Versus PURUSHOTTAM KUMAR CHAUBEY & ORS FAO (OS) 494/2015 & CM 17816/2015 has interpreted Section 62 of the Copyright … Continue reading Jurisdiction of Courts Under Section 62 of the Copyright Act and Section 134 of the Trademarks Act

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Make the Most of Dynamic Trademark Utilities from Trademark Registry (TMR) India

This article discusses at length the importance of each dynamic trademark utility from TMR so that each reader can make most out of it. Order in which they are discussed do not signify anything and have been discussed in random order. Disposal & Notices With this utility, one can understand expedited, normal and total applications … Continue reading Make the Most of Dynamic Trademark Utilities from Trademark Registry (TMR) India

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Plant Varieties and Farmers‟ Rights Act, 2001

Ministry of Agriculture & IPAB failure in invoking the transitional provision as provided under Section 59 of The Protection of Plant Varieties and Farmers‟ Rights Act, 2001 for setting up a tribunal. INTRODUCTION The variety of crops both edible and for commercial purposes has grown as the size and need of the human population has … Continue reading Plant Varieties and Farmers‟ Rights Act, 2001

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Extension of Time to submit the objections or suggestions to the Proposed Draft of Amendment of Trade Marks Rules, 2002

This post comes as an update to the previous one in context of the Proposed Draft Trade Mark Rules by the Central Government, which has been dealt few days back. The proposed draft rules were published on 17th November 2015 for information of all persons likely to be affected, inviting objections or suggestions, if any, … Continue reading Extension of Time to submit the objections or suggestions to the Proposed Draft of Amendment of Trade Marks Rules, 2002

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Proposed Trademark Amendment Rules 2015

Recently, Ministry of Commerce and Industry (Department of Industrial Policy and Promotion (DIPP)) issued out Draft of proposed Rules for Trade Marks. The proposed draft rules are open as of now to receive objections and comments from the concerned person, which shall be taken into Consideration by the Central Government. The draft rules proposed significant … Continue reading Proposed Trademark Amendment Rules 2015

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The Coarse Course of the Trademark Agent Examination and the Viva Voce marks

A long wait of 5 years finally dawns upon the announcement of the Indian trade marks agent exam 2015 reigniting ageing dreams of aspirants. Notwithstanding the sigh of relief the announcement brought with itself, the onset of the trademark agent 2015 procedure and preparations however are not left untouched by certain rhetorics and concerns. To … Continue reading The Coarse Course of the Trademark Agent Examination and the Viva Voce marks

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The Game of Fame and Name

One of the famous quotes of Shakespeare is ‘what’s in a name’. As well acclaimed and with due respect to his views  “a rose would smell like a rose even if it were called by another name” has lost its relevance in present day scenario. These days in the highly competitive environment and globalisation most … Continue reading The Game of Fame and Name

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Yippee..here comes the ‘Trade Marks Agent Exam’

Yes, you all read it right. Long waiting has come to an ending. Here is the link for the notification dated August 20th, which was published at the Indian Patent Office (IPO). Long (in fact too long) wait for the Trade Mark Agent Exam since 2010 (when it was held last) has come to an … Continue reading Yippee..here comes the ‘Trade Marks Agent Exam’

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Denial of Injunction on the grounds of Acquiescence and Delay by Plaintiffs: SRF Foundation v. Ram Education Society

Devina Choubal, an intern at Khurana & Khurana looks into grounds of denial of injunction by analyzing the recent case of SRF Foundation v. Ram Education Society. FACTS: ‘SRF Foundation’ plaintiff no.1 is a registered non-profit society engaged in several social and community work including running schools such as “The Shri Ram School”. The name/mark … Continue reading Denial of Injunction on the grounds of Acquiescence and Delay by Plaintiffs: SRF Foundation v. Ram Education Society

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Criticism Sites using Confusingly Similar or Identical Domain Names

Medhavi Singh, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks into a trademark litigation relating to criticism sites using confusingly similar or identical domain names. Cybersquatting is the buzz word in the arena of domain name disputes and various.IN Domain Name Dispute Resolution Policy (INDRP) and Uniform Domain Name Dispute Resolution Policy (UDRP) … Continue reading Criticism Sites using Confusingly Similar or Identical Domain Names

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