|

Effacement of trademarks amounts to impairment: Delhi High Court

The Delhi High Court has held that effacement of trademarks from refurbished or resold goods would amount to impairment, even if international exhaustion is at play. However, resale may be valid and permissible if refurbished goods are offered for sale with full and proper disclosure, as per terms laid down by the court. ...
Resource
Articles
Trending at Obhans
Resource

Useful info for securing IP rights in India

Official fees for filing Patents in India

+India Patent fee calculator
There are no additional charges for upto 10 claims
There are no additional charges for upto 30 sheets
Would you like to file the request for examination along with the application
+India Patent Renewal fee calculator

For more than 1 year, enter the period
Example: for 3rd year to 7th year, enter 3 to 7
For any particular year, enter the year
Example: for 3rd year, enter 3 to 3

For a national phase application in India, PCT application filing date is the date of filing
For a complete specification filed after a provisional specification, the date of filing of the provisional specification is date of filing
OR

Total :

To be paid within three months of date of grant
*This is a working estimate, subject to change.

DD/MM/YYYY

Next renewal due dates and fees
(Up to 20th year)


From Distinctiveness to Genericide: Avoiding Trademark Ruin

The odds of successfully obtaining or protecting a trademark depend on various factors. For example, the presence of identical or similar marks, either pre-existing on the trade marks register or available in the market is a fundamental test. Another factor is the proposed mark’s distinctiveness, or its ability to stand out on its own. ...

Extraordinary exceptions to deadlines at the Indian Patent Office

When hardcoded statutory deadlines are violated, can delays be condoned? This was the central question answered by the Delhi High Court in The European Union Represented by the European Commission vs. Union of India. The court allowed for an extension of a non-extendable statutory deadline in a patent matter because of the exceptional circumstances of the case. ...

Bollywood’s Sholay Still Reigns Supreme: Protecting Film Titles in India

Cinema is a way of life in India, and the one film that epitomizes this national obsession is Sholay. Released nearly half a century ago, Sholay is a genre-defining film, whose appeal transcends all boundaries of geography, language, ideology, and class, and that established standards for what we now call “masala” blockbusters. ...

Filing Trademarks in India: From Application to Renewal

Trademarks in India are governed by the Trade Marks Act, 1999 (“Act”) and Trademark Rules, 2017. The Act provides the procedure for the registration of any mark capable of being represented graphically as a word, device, label, numerals, or combination of colours, shape or sound, and capable of distinguishing the goods or services of one person from another. In other words, a trademark is a source identifier of businesses, products and services. ...

Of “Unspecified value” no longer: A judicial knell for forum shopping in IP suits

The forum for adjudicating commercial suits in India is governed by the Commercial Courts Act, 2015 (“CCA”), where cases are heard by courts at different levels depending on the valuation of the suits. Lesser-valued cases are heard by courts lower in the judicial hierarchy and fall outside the direct scrutiny of the CCA, thus being subject to relatively lower regulation. ...

Narrowing the Field: Selection Patents and Purposive Selection in India

Inventions that fall within, or overlap with, disclosures in the prior art are called “selection inventions”. Generally, selection inventions involve the selection of one or more specific embodiments, such as individual elements, subsets, or sub-ranges, within a larger known set or range disclosed in the prior art. This raises critical questions around how the novelty and inventive step of selection patents should be judged. ...

Design Marking in India: Essential or Avoidable?

Design marking is a method used by proprietors to signal that their article is protected by design rights. It entails “marking” an article in a manner that informs the public at large that the article in question is the subject matter of a registered design. The issue of whether design marking is necessary or not has come up on occasion before Indian courts, who have tackled how such marking acts as an indicator of registration, and explained the rights that follow. ...

A Moment to Remember: Personality rights, Moment marketing and the Olympics

India’s ace badminton player PV Sindhu created history by winning a bronze medal in the Tokyo 2020 Olympics held recently, joining the ranks of a select few who have one more than individual medal in the history of the games. ...

Designs Database goes Digital: Designs E-Register now available online

The Designs office has now made its register electronically available, thus joining the ranks of the Patents E-register, making the database of registered designs available in entirety. ...

To Litigate or Arbitrate, a “Heroic” Dilemma

As intellectual property disputes grow in number in India, corresponding questions arise regarding the most appropriate adjudicating authority to be approached for redress. Besides regular courts, IP disputes also occasionally make their way into arbitrations. But the circumstances under which IP disputes can be referred to arbitration are not always clear. ...
Articles
The Bombay High Court recently held that visual appeal is the ultimate test of a valid design, and that combining old integers into a form that creates a different visual appeal than its parts is also capable of qualifying as a design that is new and original. ...
On June 29, 2024, the Karnataka Government's Labour Department published the draft Karnataka Platform based Gig Workers (Social Security and Welfare) Bill, 2024 (the "Bill") for public comments. In essence, the Bill is aimed at safeguarding the rights of platform based gig workers and mandates aggregators to comply with certain obligations to ensure social security of its gig workers. ...
Bombay High Court clarifies that patent applicants must provide substantive and complete responses to first examination reports, in order to meet the compliance requirements under Section 21(1) of the Patents Act, and to avoid the application being deemed abandoned.
In a recent judgment delivered on May 31, 2024 , the Delhi High Court ("Court") dismissed 2 (two) suits filed by an individual seeking compensation/damages for loss of his reputation, against the newspaper Hindustan Times and its publisher, editor and correspondent (hereinafter together referred to as the "Defendants"). ...
Businesses tend to prioritise securing their rights in their primary jurisdictions of operation, and / or jurisdictions that are strategically advantageous. This applies across all aspects of operation, whether it is incorporation, tax residency or even intellectual property (IP). The challenge with the latter is that some types of IP are jurisdiction-specific. ...
Traditional knowledge (TK), according to the World Intellectual Property Organisation (WIPO), is the knowledge, know-how, skills, and practices based on the experience of indigenous people. It is developed, sustained and passed on from one generation to another within a community, often forming part of its cultural or spiritual identity.
On May 7, 2024, the Hon'ble Supreme Court passed an order in the case of Indian Medical Association & Anr. v. Union of India & Ors. requiring submission of self-declarations by advertisers/advertising agencies before the publication or broadcast of any advertisement ("Order"), for consumers to be able to make informed decisions about the quality of products that are offered to them for sale. ...
The Reserve Bank of India (RBI) has recently released a robust and intricate framework for the establishment and functioning of self-regulatory organisations (SROs) in the fintech sector (SRO-FT), aimed at fostering a balanced environment that promotes innovation while ensuring compliance with regulatory standards. ...
Indian investment in overseas funds is governed by a combined reading of the Foreign Exchange Management (Overseas Investment) Rules, 2022 (“OI Rules”) and the Foreign Exchange Management (Overseas Investment) Directions, 2022 (“OI Directions”) (jointly referred to as the “OI Framework”). ...
The Reserve Bank of India ("RBI") has reportedly been planning to initiate the establishment of a Digital India Trust Agency ("Agency"), in order to curb financial frauds and cybercrimes which have been uprising in the digital lending space. This Agency is intended to be involved in creating a systematic procedure of verifying legitimate digital lending application and resolving the concerns surrounding unauthorised digital lending apps. ...
Patent laws, including in India, usually allow oppositions to be filed against patent applications, either before or after they are granted. Appeals against decisions in opposition matters may also be permitted in some cases. In India, an appeal against a decision of a Controller may be filed in post-grant oppositions, but the law is not as straightforward when it comes to appeals in pre-grant oppositions. ...
Following an order in the matter of Leixir Resources Private Limited (discussed in our article here), the NCT of Delhi and Haryana has issued yet another order dealing with the aspect of significant beneficial owner ("SBO") and has discussed 'significant influence' and 'control' required to establish the status of SBOs under the Companies Act, 2013 ("Act") and the Companies (Significant Beneficial Owners) Rules, 2018 ("Rules"). ...
Trending at Obhans
News and Features