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Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Volume IX, Issue I [Submit by January 10, 2025] National Law University, Jodhpur’s Journal of Intellectual Property Studies is inviting original, unpublished manuscripts for its upcoming issue (Volume IX, Issue I). Sri Narasus Coffee Company Private Ltd vs M/S.
As a result, religious independence and mother-tongue/linguistic independence are highly valued in these countries, and are the context by which the morality of trademarks within the borders of these countries are assessed. Each sought to create a space where their cultural and religious identities were represented fairly.
IndiGo has also secured registration for the word mark 6E Link under multiple classes in 2015. Meanwhile, on November 25, 2024, Mahindra Electric filed a trademark application for BE 6e under Class 12 (vehicles), as part of its electric SUV portfolio.
However, in some rare instances there are some other peculiar forms of trade mark registrations as well. These are not the most conventional forms of registrations and are often accounted for a higher degree of proof due to their nature. There are numerous issues that may arise for the registration of smell mark.
INTRODUCTION The time it can take to register a trademark can therefore take longer depending on several factors such as the jurisdiction to which it was processed, the materials that have been included in the application as well as whether there are opposing voices or objections prevailing over the trademark.
Trademark, and design are two very crucial kinds of IPRs which provide a certain extent of protection at their levels. There are added benefits to each IPR that come along with their registration. Registration is the procedure of filing a particular mark/ name under the respective authority of legal statutes.
The word trademark is a culmination of two words, i.e., ‘trade’ and ‘mark’. Thus, to simply put, when the two words are read together, the meaning of ‘trademark’ comes out as- a sign or symbol used in the course of business by a person. As per the statute trademark means-. “ STEP 1: Trademark Search. Right in perpetuity.
In 2016, Duca di Salaparuta initiated an action against several other wineries, as well as the representative body (the Consorzio di tutela dei vini DOC Salaparuta) and the Ministry of Agricultural, Food and Forestry Policies (which granted the national registration). The other wineries had been using the word "Salaparuta" on their labels.
INTRODUCTION For a long time, logos, names, and jingles have been the mainstays of trademark law. A recent trend in branding, however, is the use of non-traditional trademarks such as haptic markings. In 2003, the firm’s trademark in Germany was protected due to its distinctive design. are two examples.
The design was granted registration by the Controller General of Patents, Designs and Trademarks, Kolkata. The design was filed on 10/03/2022 and was subsequently accepted and published in the Journal of the Patent Office numbered 21/2023 on May 26th, 2023. The design number is 360313-00.
A trademark is used to set one trader’s products and services apart from another. Trademark means: A trademark is a right that is granted for a letter, number, word, phrase, sound, smell, shape, logo, picture and/or aspect of packaging. The more successful a business is the more valuable the trademark becomes.
The registration of your product holds enormous significance as it ensures your mark isn’t misrepresented in the market, safeguards your goodwill, ensures control over advertising and branding, and the list can go on. Under The Trademarks Act 1999, a trademark if registered comes to be known as a registered trademark.
In this blog we will talk about the process of registration and what type of protection is provided under the designs act. ADVANTAGES OF DESIGN REGISTRATION. Several benefits come along with the registration of a design in India. REGISTRATION PROCESS OF DESIGN IN INDIA . Picture Credit: Shutterstock]. PROCEDURE .
SpicyIP Tidbit: The Evergreen Conundrum: DHC Grants Interim Injunction to Evergreen Sweet House in a Trademark Dispute In a recent trademark dispute between Evergreen Sweet House v. the original plaintiff) filed a suit to protect four registered Kirloskar trademarks against alleged infringers. Kirloskar Brothers Ltd.
INTRODUCTION Trademarks are vital part of modern day commerce because they act as distinctive and unique symbols that enable consumers to recognise and distinguish goods and services offered by different providers. Image Sources: Shutterstock] The primary legislative basis for smell trademark regulation in the US is the Lanham Act.
The process for registering a trademark in India begins with the filing of an application with the Intellectual Property India (IPI), the national trademark office. The application must include the details of the applicant, the class of goods or services for which the trademark will be used, and a representation of the trademark.
Samridhi is a final-year student at the Campus Law Centre, Faculty of Law, University of Delhi, and a graduate in Journalism from Lady Shri Ram College for Women. As a result, leading brands often find themselves embroiled in extended legal strifes in pursuit of the widest possible protection for their registrations. Patel & Ors.
The following is an edited transcript of my video Data Demonstrates the Value of a Trademark Attorney. Published by INTA in their journal The INTA Reporter , you can find it for free online. I was pleased to see the following empirical data that working with a trademark attorney improves the odds of success for a trademark application.
Introduction Trademarks are no longer confined to words, numbers, or devices. This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] 7] Is Braille a ‘Mark’ ?
TrademarkRegistration Fees. When it comes to trademarkregistration fees in India, there are several essential things to keep in mind. The first is that the fee for filing a trademark application with the Indian Trademark Office (ITO) can vary depending on the type of trademark that you are filing for.
What is a registration of trademark? Trademarkregistration is not a mandate under the Indian trademark law, however it is advisable to go for a registration for certain reasons. Under Section 31 , the registration certificate of the trademark serves as an evidence during infringement lawsuits.
Thou Shalt not Register Your Trade Union with a Name in the Likeness of My Trademark Reportedly, Samsung India is opposing the use of ‘Samsung’ in an application to register the trade union of it’s workers. The Court noted the expiration of the license and the respondents’ registered trademark rights.
It has the freest economy in the Middle East and as per reports in Index of Economic Freedom published by The Wall Street Journal ranked Bahrain as the 12 th freest economy in the world. Trademark in Bahrain. ?????????A In addition, a mark of sound or smell can be considered a trademark. Process of registration.
Tiffany Wang is an IPilogue Writer, IP Innovation Clinic Fellow, Intellectual Property Journal Editor, and a 2L JD Candidate at Osgoode Hall Law School. The case, United States Patent and Trademark Office v. Patent and Trademark Office (“USPTO”). Generic words are not eligible for federal trademarkregistration.
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.
If you are looking for some last-minute Christmas gifts, we have some ideas for you: Call for papers The Indian Journal of Intellectual Property Law, a student-run journal of NALSAR University of Law in Hyderabad, calls for papers for its 15th volume. IPKat readers get a 10% discount simply by mentioning IPKat in the registration form.
Other Posts Call for Submissions: Indian Journal of Law and Technology [Volume 21] and IJLT Blog (Submissions on Rolling Basis) NLSIUs Indian Journal of Law and Technology (IJLT) is inviting submissions for Volume 21 of the Journal and the IJLT Blog, on a rolling basis. There is no registration fee for any of the seminars.
In the competitive world of business, trademarks play a pivotal role in distinguishing one company’s goods or services from another. These legal identifiers are commonly known as ‘trademarks,’ serving as a critical tool for establishing a unique identity, reputation, and goodwill for a business entity.
These have been termed as ‘trademarks’ in the legal parlance. Therefore, it is only natural that these trademarks are protected by the legal framework, which comes into play when such trademarks are registered with the relevant governmental authority of the country.
In India, the Trademarks Act of 1999 (referred to as ‘Act’ further in this article) forms the legal basis for TrademarkRegistration , protection, and enforcement. Any individual or entity can file an opposition against the proposed trademark published in the trademarkjournal.
Preparation/ Filing of Trademark Application (s/18 of the Trademarks Act, 1999). Description of the Trademark-. Date of Adoption of the Trademark. Date of Adoption of the Trademark. Examination of Trademark Application. In this stage, the Examiner in the Trademark Registry will examine the application.
However, what would happen if business houses wanted to trademark the name of the god they worshipped? As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited.
Case Summaries Astellas Pharma Inc vs Astellaz Pharmaceuticals on 3 February, 2025 (Delhi High Court) The suit was filed seeking relief of permanent injunction restraining the defendant from infringing its trademark. The defendant had applied for registration of the ASTELLAZ PHARMACEUTICALS mark to which the plaintiff filed an opposition.
Samridhi Chugh and Manya Gupta write about this order, explaining how the Court appears to have convoluted the issues surrounding the interplay between trademarks, disparagement, and free speech, rather than clarifying them. It involved the plaintiff’s registered trademark, “SUPREME”. The defendant did not appear in the suit.
Trademark Office issued the following 135 trademarkregistrations to persons and businesses in Indiana in March 2023 based on applications filed by Indiana trademark attorneys: Reg.
In today’s fast-paced world, firms are increasingly employing unconventional types of trademarks in addition to conventional kinds of trademarks. The registration of unconventional trademarks is not new in India. With emerging sorts of trademarks, the law is still catching up. MOTION MARK UNDER TRADEMARK ACT.
Janelle Barbier, Editor-in-Chief of the Santa Clara High Tech Law Journal , has written an interesting and informative article on the CAFC's recent ruling in Great Concepts, LLC v. Court of Appeals for the Federal Circuit handing down a ruling on trademark cancellation under the Lanham Act. Chutter, Inc. 521 (2023). Welch 2023.
Trademark Office issued the following 175 trademarkregistrations to persons and businesses in Indiana in April 2023 based on applications filed by Indiana trademark attorneys: Reg.
For both individuals and businesses, trademarks stand as valuable assets, offering protection for unique brands, logos, and slogans. However, there are instances where an individual perceives that a trademark application by another person infringes upon their rights or interests. What is Trademark Opposition?
To file a trademark application in Bangladesh, you can either submit the application online or in paper form at the trademark office in Dhaka. The Bangladesh trademark office follows the 10th edition of the NICE Classification and has a list of accepted goods and services.
Defining Trademark A “trademark” is a mark which is used for a commercial purpose. How do trademarks function? Trademarks reduces the chance of confusion: Trademarks helps in preventing confusion in the minds of consumers by indicating the source and quality of the product, they are intending to use.
Lara is a leader in Africa trademark law, and represents the interests of numerous international companies in counterfeit enforcement and brand protection matters. Why should international companies seek to register their trademarks in Nigeria? Trademarks are the very embodiment of the nature and character of a product or service.
Lara is a leader in Africa trademark law, and represents the interests of numerous international companies in counterfeit enforcement and brand protection matters. Why should international companies seek to register their trademarks in Nigeria? Trademarks are the very embodiment of the nature and character of a product or service.
Moreover, because the EUIPO does not examine the validity/enforceability of these security interests, the truth is that they are usually registered and published in the Official Journal of the EUIPO when the registration formalities are complied with, whether or not the national laws have been complied with.
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