trademark law Archives

The featured image is customised and the words "The EU Trademark reforms" are written on a yellow background. The post is about the recent amendments bought by The EU and the protests regarding the same by India. To know more, please click here.

India protests against The European Union Trademark Reforms

The IP community is well aware about the major reforms that have been implemented recently by the EU( European Union). The European Trademark law has undergone significant changes since the introduction of the Community Trademark system in 1996. The recently adopted European Trademark Reforms have brought in substantial changes not only to Community trademarks but also for owners of national trademarks in the EU. India has been protesting without any success, against one such new directive in the area…

June 22, 2016 BananaIP Reporter Intellectual Property, Trademarks 0Comment 922Views 0Like

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The featured image shows the picture of the generic drug Temazepam. This post is about the new EU trademark law that is causing concern for India. To read more click here.

EU Trademark law threatens Indian Generic Export Market

The European Parliament and The Council of The European Union recently passed the Regulation (EU) 2015/2424 . The legislation concerns an amendment to the European Union trademark law. The new legislation has India worried as it enlists stringent enforcement provisions that allow customs officials to seize foreign consignments en route to third countries if they contain items with brand names or logos similar to those registered as trademarks in the 28-member nations of the EU block. The specific provisions that…

May 13, 2016 BananaIP Reporter Intellectual Property, Trademarks 0Comment 862Views 0Like

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The featured image is a top shot of a coffe mug with black coffee and the mug surrounded by coffee beans. The post contains an episode of sipping on IP. To read more click here

Sipping on IP – Conversation on Intellectual Property

Well I am guessing the title of this post may have piqued your interest. ‘Sipping on IP’ is an initiative taken by BananaIP, where everyone gathers over coffee and lets ideas, discussions and conversations about intellectual property brew. There are no ground rules and the conversation can be about varied topics from more current pressing issues to any IP related concept. It is a great way to connect, take a break and learn from your peers. Let’s see what we sipped…

May 11, 2016 BananaIP Reporter Intellectual Property 0Comment 681Views 0Like

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Likelihood of Confusion: Numerals as Trade Marks

In this post we will be analyzing whether a numeral Trade mark can be deceptively similar to another mark consisting of different numerals. This issue has recently been dealt with by the Delhi High Court in the case Mona Aggarwal & Anr vs. Glossy & Paints Pvt. Ltd. & Anr. The brief facts of this case are that, the Plaintiff i.e. Glossy Colour Paint Pvt. Ltd is said to have adopted and used over the mark "1001" since 1946. The…

May 4, 2016 BananaIP Reporter Intellectual Property, Trademarks 0Comment 2031Views 0Like

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TCS Liable for Trade Secret Misappropriation – Wisconsin Federal Court Grants 940 Million Dollars as Damages

In a recent judgment, a US Federal Court at Wisconsin held TCS liable for trade secret misappropriation along with other counts, and granted damages to the tune of 940 million dollars, the highest in a trade secret case. TCS has stated that it would appeal the decision, and the value of damages is expected to be reduced substantially. In 2014, Epic Systems sued TCS in the Wisconsin Court for trade secret misappropriation, breach of contract, unfair trade practice, and unjust…

April 19, 2016 BananaIP Reporter Trade Secrets 0Comment 716Views 0Like

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The featured image is of the lion capital of ashoka pillar which is the national emblem of India. The post is about the new public notice issued by the TM registry with respect to the wrongful issuing of abandonment orders for multiple Trade marks. To read more click here.

Registrar of Trademarks issues new public notice following Delhi HC’s stay order

Last week we reported about the recent Delhi High Court order dated 05/04/2016 regarding the recent abandonment of multiple trademark application by the Trade Mark Registry. Ruling on Writ Petitions WP (C) 3043/2016 & 3067/2016, the Delhi High Court stayed the abandonment of all trademark application on or after 20/03/2016. A quick recap for all readers who have not been following the story- The Trade Mark Registry had recently abandoned numerous applications under Rule 38 (5) of the Trade Marks…

April 12, 2016 BananaIP Reporter Intellectual Property, Trademarks 0Comment 872Views 0Like

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The image is of a stop sign with a man screaming stop and his hand gesturing stop as the post is about the staying of all TM registry's abandonment orders by the Delhi High Court. To read more click here.

Delhi HC stays abandonment orders issued by the TM Registry

As all of you may be aware, we have been covering all latest developments about the hasty mass abandonment of trademark applications by the Trade Mark Registry on a regular basis. As per the Registry, such action was taken due to the non-receipt of trademark responses to Examination Reports, within the statutory limit of 30 days. Earlier this week we reported about the public notice issued by the Controller General of Patents Trademarks and Designs stating the following- “It is…

April 6, 2016 BananaIP Reporter Intellectual Property, Trademarks 0Comment 859Views 0Like

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Trade Mark Office issues public notice regarding mass abandonment of applications

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…

April 4, 2016 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1182Views 0Like

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En Masse Abandonment of Trade Mark Applications by the Indian Trade Mark Office

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…

April 1, 2016 BananaIP Reporter Intellectual Property, Trademarks 0Comment 921Views 0Like

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CGPDT and DSLSA join hands to dispose of pending IP disputes

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)…