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Ministry of Commerce and Industry Releases Draft Amendments to the Geographical Indication Rules, 2002

SpicyIP

Three years after the 2020 amendments to the Geographical Indication Rules, 2002 , the Ministry of Commerce and Industry (MoCI) published the 2023 draft amendments on October 20, inviting objections and suggestions from the relevant stakeholders.

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Unveiling Trademark Dilution from Scratch to Denouement

IP and Legal Filings

Frank Schechter which says that a common (Generic) name can be registered by anyone, but no one has the exclusive right to that trademark, For instance, the renowned brand Apple has its trademark registered under various classes but the word ‘apple’ diluted under class 29 of the food category.

Trademark 105
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Legal Discernment On The Co-Existence Of Similar Trademarks

IP and Legal Filings

Trade Mark Act, 1999 (hereinafter referred to as “Act”) defines the term Trademark as “a mark which is capable of distinguishing a product or service of one person from those of others”. [1] The ‘Cycle’ trademark has been domestically and internationally used by the plaintiff since 1954 without anyone’s interruption.

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Humanizing Technology: Back to Basics on DABUS and AI as Inventors

IP Watchdog

The number of artificial intelligence (AI) patent applications received annually by the United States Patent and Trademark Office (USPTO) grew from 30,000 in 2002 to more than 60,000 in 2018. Further, the USPTO has issued thousands of inventions that utilize AI.

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Attars and Agarbattis: Protecting Traditional Cultural Expressions through non-conventional Trademarks

SpicyIP

We are pleased to bring you a guest post by Tahhira Somal, exploring existing frameworks of non-conventional trademarks, particularly those of smell marks, and assessing their role in the protection of certain traditional cultural expressions. One type of such non-traditional trademarks is a smell or scent mark. Image from here.

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Trademarks vs. Generic Terms: Can Generic Terms be Trademarked?

IP and Legal Filings

Can their names be officially protected under trademark laws?At At first, it might seem a little confusing as Trademarks are like- ‘special signs’ that help us know where products or services come from. Trademarks must have a distinguishing capacity and must be ‘distinctive’ in itself. Jitender V. Jain and Anr.,

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Gazing Substantive vs Procedural Rights in the Light of SAP Se vs Swiss Auto Products and Anr

SpicyIP

The case revolved around SAP Se (Appellant) trying to furnish new evidence according to the Trademark Rules, 2002. It started trading in India in around 1992 under the mark “SAP” and applied for trademark registration in 1999. The Appellant herein was a software entity providing business solutions for a number of industries.