Following the en masse abandonment of trade mark applications the office of the CGPTD has issued a public notice, today 4th April, 2016, ‘relating to “treating applications as abandoned” in want of reply to Examination Report containing office objection within prescribed period.’
In the notice it is stated that as per the requirements of the Trademarks Act, 1999 all such application where the examination responses, to the examination reports of such applications, were not received within the 30 days time…
It has been brought to the notice of SiNApSE Team that numerous trade mark applications have been abandoned by the Indian Trade Mark Office in one shot. One person estimates the number to be more than 1.5 lakh applications. The reason as stated by one source is that the trade mark applications are showing as abandoned because examination responses were not filed on time.
One lawyer reports that the Trade Mark officials are claiming that all examination reports, which have…
Spoofs have had a long history of getting into trouble. So it’s no surprise that when brokerage giant TD Ameritrade tried to put a cheeky spin on the iconic line “Nobody puts Baby in the corner”, Lionsgate was not so forgiving. We had initially covered the matter , back in July, 2015 when Lionsgate filed an infringement suit against Ameritrade in Los Angeles.
Just to jog your memory and for our younger readers, who might not be familiar with the film…
The Office for Harmonization in the Internal Market (OHIM), the office for registering Trade Marks and Designs in the European Union, will undergo major changes including change in the name of the office to “European Union Intellectual Property Office” (EUIPO) and the name of the Community Trade Marks (CTM) to “European Union Trade Marks” (EUTM). The OHIM website, from 22nd to 23rd March 2016, will be updating its online application system to implement the changes in the legal process as…
There is no doubt that there is a backlog of cases at various IP offices in India. Recently some initiatives have been taken to make India’s IP dispute resolution system speedier and more efficient. The initiatives come from two fronts-Commercial Courts and Mediation.
The Civil Procedure Code (Amendment) Act, 1999 introduced Section 89, which speaks about arbitration, conciliation and mediation as alternative dispute settlement mechanisms. The Arbitration and Conciliation Act 1996 (modeled on the lines of the UNCITRAL Model Law)…
This post is about an interesting case relating to the use of the trade mark "MERCEDES-BENZ" by Együd Garage Gépjárműjavító és Értékesítő Kft. (‘Együd Garage’) in advertisements on the internet. The garage stated that it is an authorized Mercedes-Benz dealer. This case is filed by Daimler AG ('Daimler'), an automobile manufacturer which is the proprietor of the international trade mark "MERCEDES-BENZ" which is also protected in Hungary. The defendant is Együd Garage, a Hungarian company specializing in the retail sale of Daimler…
Intellect breeds wisdom, and wisdom begets knowledge. Intellectuals push the boundaries of knowledge and creativity, and with these sharp minds around, the world is always dynamic. Often, a peek into minds of intellectuals gives insight and foresight beyond the ordinary. 'Young Intellectuals' takes a look into minds of select IP Professionals, whose contributions are making more than a noteworthy difference to the progress of science and creative arts.
Patents, MNCs, and India Strategy: R. Lakshminarayanan
Role of IP/ Patents…
McDonald's recently won favour with the EU Office in a case of opposition which it filed against Supermac’s trademark application in the European Union, to prevent Supermac from registering its brandname as a trade mark in EU. Supermac had planned a major expansion in the UK, the EU and Australia.
Supermac is an Irish origin fast food company started by Pat McDonagh, in 1978. The Mighty Mac double burger and the Chicken Snack Box has been popularised since then with revenues…
The Slants, an Asian-American rock band, founded by Simon Tam, had applied for the registration of their band name as a trademark. The U.S. Patent and Trademark Office (PTO) however, refused to grant THE SLANTS trademark registration under §2(a), which bars registration for marks “[c]onsist[ing] of or compris[ing] … matter which may disparage … persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.” It stated that the mark was denied registration for being…
The Ministry of Commerce and Industry, Department of Industrial Policy and Promotion ("DIPP") issued a notification on November 19th, 2015 publishing the draft Trademark (Amendment) Rules, 2015 ("Draft Rules") seeking to amend the Trademark Rules, 2002 ("Trademark Rules").
The proposed Draft Rules seeks to simplify the complex registration process. The objective of the Draft Rules is to create a more organised system of filing applications which will result in the efficient processing of applications. In light of this, it…