Posts Tagged "Indian Trademarks"

Parodies and trademarks in India

The quote above might be a little misplaced since this article is about parodies of trademarks and their position in Indian law but Weird Al’s words reflect certain irrefutable truths about parodies. One such truth is that parodies are an imitation (either comical or satirical) of something famous and well-established which would inevitably be imitated. Parodists walk a thin line. For creating a good parody, a parodist must sufficiently borrow from the original for the audience to recognise it and yet ensure that not too much is borrowed lest it constitute an infringement of the rights in the original.

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A truly comprehensive e-filing system by Indian Trademarks Office

Following my earlier posts on this topic (see here and here) and after yesterday’s upgrade by the Indian Trademarks Office, the e-filing system (“system”) now has all the forms prescribed by the Trademarks Rules.

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Choosing the right brand name for your startup

Identifying and choosing a suitable business/brand name is perhaps the first and the most important step towards creating your very own startup. A lot of time and effort goes into searching for and settling on a suitable name, and its equally, if not more important to protect that name. A brand name that you chose is not merely a name, but a reflection of the ideas, thoughts and relevance of the business symbolized by designs, logos, patterns, colours etc,.

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Trademark filings in India to get a tad more expensive.

The Ministry of Commerce and Industry through the Department of Industrial Policy and Promotion has published a draft of the amendments to the Trademark Rules 2002 on August 01, 2013. A copy of the rules can be found here.

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Amendments to the Indian Trademarks Law – What does this mean to you?

The Trade Marks (Amendment) Act 2010 and the Trade Marks (Amendment) Rules, 2013 came in to force on July 08, 2013. In principle the amendment marks the official entry of India to the International Filing System under the Madrid Protocol. The Madrid system enables Indian businesses to file a single application in one language, one fee in one currency in India for registration of their trademark in all or any of the member countries of the Madrid Protocol.

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Injunction against infringement – Delay of 10 years by the trademark office in amending records results in Plaintiff losing it’s locus standi.

The appellant is a company incorporated under the Companies Act in the year 1992. M/s Mano Pharmaceuticals Private Limited is a Division of the appellant’s company for which an agreement was entered into by the two companies, in 2003. Subsequently, M/s Mano Pharmaceuticals Private Limited had filed an application under the Trade Marks Act, 1999 (hereinafter referred to as “the Act”) for registration of trade mark ‘METO’. A request on Form TM-16 was filed to amend the name of the applicant to ‘M/s Mano Pharma (a Division of Orchid Chemicals and Pharmaceuticals Limited)’ on 24.02.2003. Without taking the request on TM-16 on record the trademark office issued the registration certificate on 24/02/2005 in the name ‘M/s Mano Pharmaceuticals Private Limited’.

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What does it mean when a TM-61 alert is issued for my trademark application by the Indian Trademark Office ?

If you had filed your trademark application on paper in India with specification of goods or services exceeding 500 characters and if an application requesting inclusion of additional characters was not filed at the time of filing the new application for registration of your trademark, a TM-61 alert will be displayed on the online status page of the Indian Trademark Office as shown below.

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4 steps to register a trademark in India – The fast and cost effective way.

While the Indian Trademark Office has been constantly trying to complete the mammoth task of clearing several thousands of trademark applications pending before it at various stages of prosecution, fulfilling the following steps would help you to protect your trademark in India quickly and cost effectively.

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Why is India not yet ready for the Madrid Protocol?

While we are all excited about India becoming a part of the Madrid System on July 08, 2013 there are serious concerns on how the Indian trademark office already struggling with delays and quality of examination going to cope up with the new international applications. Among other issues such as Central Attack and whether an application can be filed in India by a foreign lawyer the following are some practical issues that the Government should have looked into before giving false hopes.

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Originality : An Oasis in the middle of a desert.

In this new fast moving, technology -driven century where everything is available in the blink of an eye, or maybe I should say at the “touch of a button”, I can’t help but wonder if this easy availability of information about basically everything under the sun has made us indolent and averse to go that extra mile to put in our best. An original thought is as rare as the passing of the Hailey’s Comet!

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