Tag: IPAB

Prior Use V. Prior Registration : Trademark Law

4th August, 2022 - 12:05 pm Categories: Trademark

What is the difference between a Prior Use of a Trademark as opposed to Prior Registration of a Trademark? The Intellectual Property Appellate Board (hereinafter referred to as “the IPAB”) has scrutinized one of the most discussed issues of prior use and prior registration under the trademark law. In the case of Mandom Corporation v. … Continue reading Prior Use V. Prior Registration : Trademark Law

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Delhi High Court comes up with the Intellectual Property Division (IPD) for handling IP matters

8th July, 2021 - 1:09 pm Categories: Intellectual Property News & Updates

With the abolishment of various Boards and Appellate Tribunals by Tribunals Reforms (Rationalization and Conditions of Service) Ordinance, 2021, which was promulgated by the President of India and was notified on 4th April 2021, The Delhi High Court (DHC) has now established an Intellectual Property Division (IPD) to deal with matters related to Intellectual Property … Continue reading Delhi High Court comes up with the Intellectual Property Division (IPD) for handling IP matters

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IPAB Puts Stay On Use Of Trademark N95

8th January, 2021 - 7:31 am Categories: IPAB IPAB Decisions

On 4th December 2020, the IPAB, Delhi passed an interim stay of operation on the trademark registration of the word “N95”- with registration number 4487559 in class 10. The rectification application was filed under section 57 of the Trade mark Act, 1000 for the removal of the “N95” label. The court held that N95 mark … Continue reading IPAB Puts Stay On Use Of Trademark N95

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Divisional Applications In India – IPAB Provides Practical Guidelines For Uniformity

11th November, 2020 - 11:39 am Categories: IPAB Decisions

The Intellectual Property Appellate Board (IPAB / Board) in a recent order (OA/66/2020/PT/DEL) dated 27 October 2020 allowed the appeal filed by ESCO Corporation (Appellant) challenging the refusal of its patent application 8094/ DELNP/ 2008 by the Controller of Patents & Designs, New Delhi (Respondent). The Respondent had refused the grant of patent solely on … Continue reading Divisional Applications In India – IPAB Provides Practical Guidelines For Uniformity

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Appointment of Shri. Bhirendra Prasad Singh as Technical Member of Trademark, Patents and Copyright at IPAB

8th August, 2020 - 5:18 am Categories: Legal Issues

In a recent development, ShirBirendra Prasad Singh, previously serving as the Assistant Controller of Patents & Designs and Group Leader of the Electrical and Electronic Group, the Indian Patent Office (IPO), Delhi, has been appointed to the posts of Technical Member (Patents), Technical Member (Trade Marks) and Technical Member (Copyrights) in the Intellectual Property Appellate … Continue reading Appointment of Shri. Bhirendra Prasad Singh as Technical Member of Trademark, Patents and Copyright at IPAB

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Important Note On Recent Notifications Issued By Various IP Offices Of India In View Of Covid-19 Outbreak

20th March, 2020 - 10:12 am Categories: News & Updates

Various Intellectual Property Offices of India recently issued certain notifications in view of the coronavirus disease (COVID 19) outbreak in India. The notifications were issued between March 13, 2020 and March 19, 2020 primarily adjourning hearing and other proceedings originally scheduled till March 31, 2020. Provided herein below is a short summary of the developments … Continue reading Important Note On Recent Notifications Issued By Various IP Offices Of India In View Of Covid-19 Outbreak

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A study on: Novartis AG V. Union of India

15th July, 2019 - 9:59 am Categories: Intellectual Property

Introduction: Intellectual property is an intangible form of property while a ‘Patent’ is a subset of intellectual property. Granting of a patent provides a statutory right by the state to the inventor of the invention to exclude others from making, using, or selling their invention for the limited duration of 20 years. The judgment given … Continue reading A study on: Novartis AG V. Union of India

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Appointment of Chairman of the Intellectual Property Appellate Board

3rd January, 2018 - 12:10 pm Categories: Intellectual Property IPAB Decisions News & Updates Trademark

IPAB is one of the most important IP tribunals in the country and was established by the Central Government by notifying in the Official Gazette on 15.07.2003. IPAB is an administrative body that has appellate jurisdiction over the decisions of the Controller of Patents, Registrar under the Trade Marks Act, 1999, and the Geographical Indications. … Continue reading Appointment of Chairman of the Intellectual Property Appellate Board

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GROUNDLESS THREAT OF PATENT INFRINGEMENT

6th September, 2017 - 10:28 am Categories: India Intellectual Property News & Updates patent infringement Patents

Introduction Infringement proceedings involve high costs of litigation in defending the same with the possibility that any temporary injunction granted in the due course thereof would lead to revenue loss, loss of employment and several other impediments to the business. Moreover, embroilment in infringement proceedings or the mere possibility thereof leads to disrepute of the … Continue reading GROUNDLESS THREAT OF PATENT INFRINGEMENT

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Recent decision of IPAB in the case of E.I.DU Pont De Nemours & Company V. Galpha Laboratories and Ors

26th December, 2014 - 8:55 am Categories: IPAB IPAB Decisions News & Updates Trademark Trademark Litigation

This article is relates to a recent judgment of Intellectual Property Appellate Board (hereinafter IPAB) dated 4th December 2014 in the case “E.I.DU Pont De Nemours & Company V. Galpha Laboratories and Ors.” Brief Facts: On 11th March, 2009 the trademark registry refused the opposition of the E.I.DU Pont De Nemours & Company (appellant herein) and … Continue reading Recent decision of IPAB in the case of E.I.DU Pont De Nemours & Company V. Galpha Laboratories and Ors

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