This week's trademark updates are as follows:
Coke Studio v. Cook Studio : The trademark conundrum
The ongoing tussle between one Nikhil Chawla, proprietor , of "The Chawla Group" against 'The Coca Cola Company', has now been referred to mediation by Justice Pratibha M Singh. The Court stated that both the parties are being referred to the Delhi High Court Mediation and Conciliation Centre on 31st May, 2022 . Mr. Rajeev Varma, Senior Counsel has been appointed as the mediator for…
This running post provides a summary of the latest Trademark cases decided by courts in India in 2022:
L’oreal v. Haridas PA & Ors.
This was a suit for permanent injunction for restraining the Defendants and its agents from infringing Plaintiff’s well-known trademarks "L'OREAL, L'OREAL PROFESSIONNEL, L'OREAL PARIS" by violating its proprietary rights in its tradename and infringing its copyrights in its label and artistic works. The Court noted that the Plaintiff had the exclusive right to use the trademarks and…
This running post provides a summary of the latest Trademark cases decided by courts in India in 2022:
M/S. Apex Laboratories Pvt. Ltd Vs. Axis Life Sciences
The Plaintiff, Apex Laboratories, used the trademark “ZINCOVIT” since the year 1990 and established great reputation and good will in the market. The Plaintiff adopted a distinct and a unique seven strip colour packaging from the year 2014 for their product, a multi-vitamin supplement for adults and children to boost their immunity. The Defendant,…
BananaIP is happy to launch the IP statistics report for the year 2021. This report covers Patent, Trademark, Design, Copyright and Geographical Indication (GI) statistics based on information available on the website of the Indian IP Office. Wherever relevant, a comparative review with previous years has been presented in the report. You may download a copy of the report here. [Download PowerPoint Version] [Download PDF Version]
Findings and Conclusions
At a general level, intellectual property activity before the IP Office…
Pawandeep Singh vs The Registrar Of Trademarks & Anr.
Background
This case deals with a problem often faced by trademark attorneys during hearings. Several attorneys are given slots during a fixed time, and they are heard one after another. Sometimes examiners are unable to complete all hearings during the allotted time, and hearings are adjourned.
In the present case, an order was passed with respect to a trademark application relating to the mark. SWISS, without hearing the Trademark Agent. Two hearing…
Decided by the High Court of Delhi on 4th March, 2022.
FACTS
The Plaintiff, Khadi and Village Industries Commission, established in the year 1956 was a registered proprietor of various words marks and device marks. Its products bore the mark “KHADI” in both English and Hindi as well as in artistic and logo form along with the Charkha Logos. The Plaintiff not only dealt with the products of Khadi but also with various medicinal products and were regulated and promoted by…
On 4th March, 2022 the Office of Controller General of Patents, Designs & Trademarks (O/o CGPDTM) issued Guidelines for Accessibility and Reasonable Accommodations for Persons with Disabilities to facilitate accessibility and reasonable accommodations for Persons with Disabilities practicing and interacting with IP Offices under O/o CGPDTM with an endeavor to take all possible steps to make its website, facilities, documents, services, systems and processes accessible to every person.
The O/o CGPDTM has appointed a nodal officer (disability) to address needs of…
As per the Trade Marks Act, 1999, trademarks may be words, names, symbols, devices (logos), designs or any other distinctive sign or mark which helps the consumers distinguish one’s goods or services from those of others. Trademarks act as source identifiers of goods or services of a single entity and work as an advertising tool for that entity, enabling the consumers to identify the product because of its goodwill and consistent quality. Once a mark is registered, the owner of…
This weekly Trademark Office data has been compiled from dynamic data published by the Trademark Office as updated till 9th February, 2022. These statistics are presented to you by the Trademark and Copyright team of BananaIP Counsels, India’s leading Intellectual Property Firm.
Indian Trademark Statistics
An increase of seven percent (4%) in the total number of trademark applications examined by the Trademark Office this week. A total of six thousand and seventeen (6017) applications were examined. These statistics have been compiled…
In this post we revisit the IP Updates ie., any amendments, ordinances, notifications, and other information related to IP published in the year 2021. For reader's convenience it has been divided into parts, please find the link to the previous and next parts towards the end of this post.
COPYRIGHT, INFORMATION TECHNOLOGY AND ECOMMERCE GOVT. NOTIFICATIONS-2021
The Ministry of Commerce and Industry has issued a notification, through the Department for Promotion of Industry and Internal Trade (DPIIT), introducing the Copyright (Amendment) Rules,…