Patent Trademark Blog

APRIL 5, 2022

While it’s not impossible, bumping up a US trademark application can only occur under very limited circumstances. Actually, it is significantly more difficult to expedite a trademark application than a patent application. So this extraordinary remedy is limited by design.

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Trademark Cease and Desist Registration Patent Application 52

SpicyIP

AUGUST 2, 2021

In Part II , I looked at the amendments suggested to the procedural aspects of the Patents Act, which captures the Committee’s intention to direct changes that would increase patent filing in the country. The various reforms concern the patent application exam and the creation of specialized ADR forums for IP cases.

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Reporting Designs Design Copyright 116

SpicyIP

SEPTEMBER 11, 2023

First thing first, let’s unfold the case: The case involves a writ petition challenging the abandonment of a patent application and praying for its restoration. Here, the background is that the Petitioner hired Mr. Naveen Chaklan of M/s Delhi Intellectual Property LLP to deal with his patent application.

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Government Trademark Patent Patent Application 94

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Trademark protects words, symbols, and slogans that identify products or services. Utility and Design Patents. There are two types of patents.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

LexBlog IP

APRIL 19, 2023

Patents A patent permits the owner to exclude others from making, using, offering to sell, selling, or importing the invention of the patent. There are two types of patents that Amazon sellers should be familiar with, utility patents and design patents. Registering trademarks with the U.S.

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Intellectual Property Law Intellectual Property Law IP 52

Patent Trademark Blog

MARCH 18, 2022

Depending upon whether your idea relates to appearance or function, you can file either a design patent application or utility patent application. Here’s a helpful article on filing a utility patent application and another one filing a design patent application.

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Intellectual Property IP Confidentiality Patent Application 52

IP and Legal Filings

MAY 19, 2022

Under this scheme, startups will receive an 80% discount on patent filing when compared to other businesses. The Controller General of Patents, Designs, and Trademarks (CGPDTM), who will also regulate their conduct and powers, will appoint a panel of “facilitators” to help administer the program.

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Trademark Government Branding Brands 52

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work.

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Intellectual Property IP Invention Designs 52

Patent Trademark Blog

NOVEMBER 30, 2023

Rejected Trademark Application? Get a Design Patent Instead The path to registering a trademark can be strewn with landmines. When your trademark application faces difficult rejections, would a design patent make more sense? Having difficulty trademarking your brand?

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Design Patent Designs Design Trademark 52

SpicyIP

NOVEMBER 7, 2022

Delhi High Court on Non-filing of Written Submission to Delay Patent Application Process. The Controller of Patents where it rebuked the Plaintiff for not filing written submissions in time and thereby delaying the patent application process. Image from here.

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Patent Prosecution Invention IP Journalism 103

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

For startups in the digital age, copyrights are particularly important in safeguarding software programs and applications. Additionally, copyrights can also extend to website content, graphic designs, logos, videos, and other digital assets. Design patents: Design patents protect novel ornamental designs for an article.

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Intellectual Property Cease and Desist Invention Branding 52

SpicyIP

AUGUST 4, 2024

Hence, the respondent was restrained from using the impugned trade mark “MAMU ROSE” or any other mark which is identical and deceptively similar to the registered trademark of the petitioner “ROSE” till 9th September, 2024. The Court was of the view that this would cause injury and loss to the plaintiff.

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Social Media Trademark Licensing Music 89

Kashishipr

DECEMBER 8, 2021

Chakraborty had developed a bacterium that could digest crude oil that could help in oil-spillage, which was not something naturally found in bacteria for which a Patent Application was made to the US Patent and Trademark Office (USPTO). Chakraborty , which is frequently cited as an authoritative precedent even today.

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SpicyIP

MARCH 25, 2024

The Controller Of Patents on 15 March 2024 (Delhi High Court ) The appeal challenged the order rejecting the Appellants’ patent application under Section 15 of the Patent Act, 1970, for lack of novelty and inventive steps compared to prior art. Baxalta Incorporated v. Christian Louboutin Sas & Anr v.s

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Trademark Patent Copyright Confidentiality 52

Kashishipr

MAY 5, 2021

Patent trolls often conduct through IP Due Diligence to acquire high-quality patents capable of exponential monetization. Also, these dealers streamline research and development initiatives towards designing around those patents. It is imperative to guard the IP assets through proper registration and renewal procedures.

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SpicyIP

DECEMBER 5, 2022

Discussing the Recent Patent Application Restorations by Delhi and Madras High Courts. We discussed the recent orders from Delhi and Madras High Court regarding restoration of ‘deemed abandoned’ patent applications. The last date for applying for the position is December 31, 2022. Image from here. Never Gonna Give You Up?

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Trademark Registering Trademarks Registration IP 93

SpicyIP

JULY 29, 2024

Here is our recap of last week’s top IP developments including summary of the posts on the IPO’s rejection of an e-cigarettes related patent application, LASA drugs, MHC’s decision concerning Section 3(k). The matter was remitted by the Court for fresh consideration by a different Patent Controller.

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Invention Trademark Designs Design 63

SpicyIP

AUGUST 12, 2024

And The Covaxin Patent Saga Continues: BBIL Changes the Patent Application Again After the furor around the missing mention of ICMR in the Covaxin patent application, Bharat Biotech has made two important changes to their application, coincidentally before the Health Minister’s speech in Parliament.

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Trademark Personality Rights Registration Business 84

SpicyIP

JULY 22, 2024

Controller of Patents and Designs: Madras High Court quashes unreasoned order of Patent Office Recently, the MHC came down heavily on the Indian Patent Office in Ulm University v. Controller of Patents for its non-speaking order rejecting a patent application. Other Posts Ulm University v.

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Registering Trademarks Licensing Trademark Advertising 76

SpicyIP

FEBRUARY 12, 2024

Introduced to incorporate the Jan Vishwas Act amendments within the Trade Marks Act, the proposed Rules prescribe an adjudication mechanism to hear complaints alleging false representation of a mark as a registered trademark. Read the detailed comments authored by Pranav, Praharsh, Swaraj, and Reva on these Rules.

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Trademark Social Media Registering Trademarks Copyright 80

The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. Such inventions may be protectable under federal patent laws.

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IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

JANUARY 9, 2023

Accepting an appeal, the Delhi High Court set aside the impugned order from the Controller rejecting the patent application on the basis of Section 3(f). Delhi High Court to revisit whether patent applications on computer programs can be objected under Section 3(k). Revenue to share copy of its report filed earlier.

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Trademark IP Registration Reporting 90

LexBlog IP

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. Such inventions may be protectable under federal patent laws.

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IP Intellectual Property Social Media Cease and Desist 52

SpicyIP

AUGUST 14, 2023

Case: Dow Agrosciences LLC vs The Controller of Patents on 7 August 2023 (Delhi High Court) The petitioner filed an appeal against the impugned order rejecting its patent application for Stabilized Agricultural Oil Dispersions. There were various reasons for refusing the application including lack of inventive step.

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Trademark Registration Art Reporting 80

SpicyIP

DECEMBER 12, 2022

The Plaintiff opposed the Defendant’s application to file additional documents on the ground that if permitted, the Plaintiff would have to admit or deny the same and the proceedings in the commercial suit will thus be protracted. AWACS data highlights that innovator drugs maintain market hold even after patent expiry. Image from here.

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Copyright Infringement Settlement Registration Trademark 97

SpicyIP

AUGUST 18, 2024

The Controller Of Patents And Design In an important development, the DHC recently clarified that the non-appearance of an applicant does not justify the Controller in deeming their patent application as abandoned. Missed Hearings Do Not Equal Abandonment: Star Scientific Limited v.

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Registering Trademarks Trademark Cease and Desist Copyright 82