M/S Kamdhenu Limited vs M/S Aashiana Rolling Mills Ltd
In a case involving a registered design pertaining to double rib pattern of steel rods, the Delhi High Court cancelled the registration summarily stating that there is no need for a full trial. The Court came to this conclusion primarily based on the fact that the design that formed part of the registration was published as part of British, ISO and other standards before the filing date of the design application.…
Have you ever wondered why well-known trademarks are given or accorded a wider protection? To answer that, you may read our previous post on 'An insight into Well-known Trademark'. Now, lets look at the Recent Developments in the Well-known trademark regime and what are the principles that govern them with the help of cases.
Recent Developments
Prior to the Trademark Rules 2017, the requirement for getting a trade mark declared as a well-known one was only by way of legal proceedings…
Walmart Apollo Llc vs Aayush Jain & Anr
In this case, the Plaintiff owns a registered trademark for WALMART / WAL-MART. The Defendant applied for WMART and allegedly used since April, 2019. The Plaintiff filed an infringement suit against the Defendant, who was using 'WMart' and www.wmartretail.com. The Plaintiff prayed for an injunction during the pendency of the suit, which the Court granted until the next date of hearing.
Citation: Walmart Apollo Llc vs Aayush Jain & Anr, Decided by Delhi…
Brands enjoy huge importance as consumers today prefer different brands differently at different times and hence brands have a unique value to the consumers. However, they are of value not just to the consumers, but also of value to the suppliers and proprietors of the mark. A well-known trademark status is one of the biggest quality justification that any mark may possess.
A well-known trademark status acts as a powerful safeguard from the risk of deceiving counterfeit products and thereby facilitates…
Pidilite Industries Limited v. Platinum Waltech Limited
The Plaintiff filed this suit against the Defendant seeking relief in trade mark, copyright and designs combined with causes of action in passing off in each. The Plaintiff was a well-known manufacturer of products relating to the construction and paint industry and had a worldwide presence since 1969. The Plaintiff had several trademarks related to its products which included the DR FIXIT mark with a distinctive device of a man wearing a yellow…
This week's Patent and Design data has been compiled from the Official journal of patents and designs, published by the patent office on the 12th of November 2021. These statistics are presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading Intellectual Property Firm.
INDIAN PATENT STATISTICS
A total of 845 patent applications have been published in the 46th issue of the Patent Journal, 2021. Out of the 845 applications published in the journal, 254 applications account…
Avtar Singh & Ors. v. Sakshi Srivastava & Anr.
There were four Plaintiffs in this case, i.e., Mr. Avtar Singh, Mr. Harkirat Singh, Aero Traders Private Ltd. and Aero Associates Pvt. Ltd., who co-owned M/s Aero Club. They filed an application for the trademark “WOODS” in the club’s name firstly in 1994 and 1996 under Class 25 and in 2017 under Class 3. The Plaintiffs together subsequently registered trademarks “WOODLAND”, “WOODLAND” (stylised) and other “WOODLAND” marks on varying dates in…
On 12th November, 2021, the Office of CGPDTM has announced the Patent Agent Exam 2022, which is tentatively expected to be held on 8th May, 2022.
Exam Dates
The details are as follows:
Online Application Opening: 22nd November, 2021
Last Date for Applications: 27th December, 2021
Expected Exam Date: 8th May, 2022
Papers
Number of Papers - 2
Paper 1 - Objective Type
Paper 2 - Descriptive Type
Email id for queries: patentagentexam.ipo@nic.in
Earlier Applicants
Candidates who have applied earlier for the exam…
This week's Patent and Design data has been compiled from the Official journal of patents and designs, published by the patent office on the 5th of November 2021. These statistics are presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading Intellectual Property Firm.
INDIAN PATENT STATISTICS
A total of 1,127 patent applications have been published in the 45th issue of the Patent Journal, 2021. Out of the 1,127 applications published in the journal, 347 applications account…
The High Court of Delhi has issued a public notice on 10th November, 2021, with respect to the intention of the IP Division to fix/revise royalties as mandated under Section 31D of the Copyright Act, 1957.
The notice invites suggestions from interested persons, in writing along with necessary evidence, to be submitted within 30 days (by 10th December, 2021). The suggestions may be e-mailed to ipd-copyright@dhc.nic.in
A copy of the notice is available here: http://delhihighcourt.nic.in/writereaddata/Upload/PublicNotices/PublicNotice_SIGLWQIP4Z3.PDF
The notice reads as follows:
PUBLIC NOTICE
"Reg: C.O.(COMM.IPD-CR)…