Opposition Archives

Lost in the Inbox? Delhi High Court Saves Dabur’s Trademark Application

Delhi High Court revives Dabur’s ODONIL MYSTIC ROSE trademark application, citing procedural lapses by the Trade Marks Registry in serving the notice of opposition. Continue Reading Lost in the Inbox? Delhi High Court Saves Dabur’s Trademark Application

May 21, 2024 BananaIP Reporter Intellectual Property, Trademarks 0Comment 613Views 0Like

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The Court refuses to remove names of Trademark Officers from the order

In this review petition filed before the Delhi High Court, the Court rejected the plea filed by the Trademark Officer to remove their names from the order. Continue Reading The Court refuses to remove names of Trademark Officers from the order

May 17, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 639Views 0Like

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Trademark opposition timelines are mandatory, and must be complied strictly, says the Delhi High Court

In this case, the Delhi High Court explored if a trademark opposition be ‘deemed as abandoned’ if there was a delay in service of evidence by the opponent in the opposition. The Court also explained whether the timelines mentioned in the Trade Marks Act and Rules are mandatory or not. Continue Reading Trademark opposition timelines are mandatory, and must be complied strictly, says the Delhi High Court

February 13, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 1000Views 0Like

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Patent Application Naming AI as Inventor in India – Dr. Kalyan C. Kankanala opposes Stephen Thaler’s Patent application

The question of whether Artificial Intelligence (AI) can be an inventor in a patent application has been the subject of debate for a while now. There are arguments for and against this issue, and a few models have been proposed to resolve some of the legal problems. Read more Continue Reading Patent Application Naming AI as Inventor in India – Dr. Kalyan C. Kankanala opposes Stephen Thaler’s Patent application

November 17, 2022 BananaIP Reporter Intellectual Property, Patents 0Comment 1873Views 0Like

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Recent Developments & Principles governing Well-known Trademarks

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…

November 16, 2021 BananaIP Reporter Intellectual Property, Trademarks 0Comment 2960Views 1Like

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Trademark Application, Prosecution Process, and Timelines

With respect to trademarks, India follows a first to use system i.e., prior use is one of the superior claims to any trademark litigation. The applicants must try and be the first in line to file to avoid the potential burden to oppose any earlier filed applications as unregistered marks have no right to file for infringement. The trademark application is filed on basis of the territorial jurisdiction as per the principal place of business of the said proprietor. Section…

November 11, 2021 BananaIP Reporter Intellectual Property, Trademarks 0Comment 4252Views 1Like

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Trademark Registration in India

The Trademark process outlines in this post has changed owing to changes in law. It may be noted that the post provides details of the trademark registration process as it existed 10 years back, and maybe useful for research/educational purposes.Registration of a trademark is not compulsory. However, registered trademarks have additional benefits when compared to unregistered trademarks. Read more Continue Reading Trademark Registration in India