In this reigning retail world, even minor details of products that may bring major changes in the market, matter. In this current scenario every company wants to protect its identity through trade mark registrations. The whole story started in the year 2010 when Nestle applied to register trademark for its four-fingered chocolate - KitKat. Cadbury clashed with nestle in filing the trade mark for the KitKat shape. UK Registry of trade mark turned down the application by Nestle after hearing opposition…
This presentation by Dr. Kalyan Kankanala in a program organized by MILAT provides an insight into the application of Section 3(d) after the Novartis case. After a quick historical perspective and philosophical background to Section 3(d), Kalyan talks about the parameters for assessing Section 3(d) exclusions. Focussing on the new form exclusion, he points out issues in the efficacy approach followed by the Supreme Court using a salt form of morphine and a genetic invention as examples. Kalyan also brings…
This article was contributed by Swastika Chakravarti.
How important are phonetics in trademarks, you ask? The General Court of the European Union has an answer for you. In deciding a matter between Pay TV giant, Sky and Microsoft (owners of Skype), the Court relied on the similarity of signs in terms of concept and phonetics to deny Microsoft a trademark for Skype in Europe. Holding that the pronunciation of ‘y’ in Skype is no shorter than in Sky, the Court…
American journalist, Elizabeth Cochrane, better known by her pen name Nellie Bly had her 151st birthday on May 5th, 2015 in celebration of which, Google released a harmonious doodle. Nellie Bly was often looked at as an iconic character who encouraged women to become journalists. It is rumoured that her ground-breaking spirit became more pronounced after the death of her father when she was only 6 years old.
Nellie Bly was only 18 when she so overwhelmed a newspaper editor…
Today’s Google doodle celebrates the 360th birthday of Bartolomeo Cristofori di Francesco, who was credited with inventing the modern piano. Bartolomeo Cristofori was born on May 4, 1655 in Padua, Republic of Venice in Northern Italy. At the age of 33, he was employed by Ferdinando de' Medici, Grand Prince of Tuscany. He was hired not only to be a musical instrument technician, but also possibly as a musical instrument inventor. Cristofori was an expert harpsichord (as piano was known…
USTR has released the 2015 report on the adequacy and effectiveness of U.S. trading partners’ protection and enforcement of intellectual property rights. Seventy Two (72) countries were reviewed in this report, and Twenty Four (24) countries have been placed on the Watch List, and Thirteen (13) on the Priority Watch List. Countries in the watch list include Canada, Columbia, Brazil, etc. India, China, Russia, Indonesia, etc., have been placed on the Priority Watch List.
Last year, USTR had conducted out of…
Samsung R&D Institute India - Bangalore has been honoured with the National Intellectual Property Awards, 2015 in the category - Top Indian Public Limited Company/Private Limited Company/Indian Subsidiary of Transnational Corporation. This annual IP awards event is organized by the Indian Intellectual Property Office (IPO) and the Confederation of Indian Industry (CII). Through the Department of Industrial Policy & Promotion (DIPP) of the Ministry of Commerce & Industry, Government of India, the IPO and CII confer the annual National Intellectual Property…
On April 20, the OSTP (Office of Science and Technology Policy) and the United States Patent and Trademark Office (USPTO) hosted the 2015 - Patents for Humanity Awards in the Eisenhower Executive Office Building. The USPTO announced the winners on April 13, 2015. Patents for Humanity is the USPTO's voluntary prize competition for patent owners and licensees. The program was launched at The White House in February, 2012 for promoting businesses of all kinds to apply their innovations to address…
Citation : ORA/126/2012/TM/CH, Order dated 16th April, 2015
Parties Involved :
Applicant :
1. Hypnos Limited (UK)
Respondents :
1. Hosur Coir Foam Pvt. Ltd.
2. Peps Industries Pvt. Ltd.
3. The Registrar of Trademarks, Trademarks Registry, Chennai
Brief Facts :
The Applicant, a UK based family run bed manufacturing company, filed a rectification petition to cancel the registration of the ‘HYPNOS’ trademark owned by Respondent No. 1 under Class 20.…
A two-year-long trademark litigation between Peps, the largest spring mattress company in India, and a UK bed manufacturer, has culminated with the Indian bed manufacturer emerging victorious!
The Trademark Rectification suit was initiated in 2012 by HYPNOS, UK, for removal of the registered and highly popular ‘HYPNOS’ mark of Peps, from the Trademark Registry. The British Company claimed that the mark was famous in India owing to the spill-over of its trans-border reputation. In retaliation, Peps contested HYPNOS UK’s claim that…