trademark law Archives | Page 11 of 12

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 975Views 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.

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 2106Views 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 1067Views 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)…

March 8, 2016 BananaIP Reporter Intellectual Property, Trademarks 0Comment 2076Views 0Like

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The featured image shows the Mercedez hood ornament. The post is about a recent Court ruling by the ECJ. TO read more click here.

EU Court rules against Mercedes-Benz: No Trade mark Infringement for Online Advertisements.

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…

March 7, 2016 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1295Views 0Like

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McDonald’s wins and is “lovin’ it”

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…

February 2, 2016 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1743Views 0Like

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The featured image is of the trademark symbols- tm, r . The post is abouT change in the name of Office for Harmonization in the Internal Market (OHIM) to European Union Intellectual Property Office. please click here to read more.

The First Amendment strikes again

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…

January 5, 2016 BananaIP Reporter Intellectual Property, Trademarks 0Comment 872Views 0Like

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The featured image is of lord Ram his wife Sita, the devotee Hanuman and Rama's three brothers (Lakshmana, Bharata and Shatrughna). The post is about a trademark case involving a religious trademark. To read more click here.

Don’t take the God’s name in vain

“You cannot take ‘advantage’ of me”, Sita must’ve said to Ravan. And not surprisingly at all, the Honourable Supreme Court of India feels strongly for the sentiment. As was seen on the 27th of October, 2015 when the division bench comprising of J.Gogoi and J.Agrawal observed that using images of Gods and Goddesses as a part of a logo/label would be “taking advantage of the Gods and Goddesses” which wouldn’t be permitted. The SC also ruled that names of holy…

December 11, 2015 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1175Views 0Like

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The Indian Express case

In October this year, the Bombay High Court passed its decision in the case between The Indian Express Limited and Chandran Prakash Shivhare, the publisher and distributor of a journal called "Indian Express" filed before the Bombay High Court in the year 2010, to seek an injunction against the Defendant, and to restrain them from using the title ‘Indian Express’. The crux of this case was whether a registered trademark could be infringed by the use of the identical mark which had…

November 24, 2015 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1163Views 0Like

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Trademark Infringement in the Automobile Industry Part III: Bentley Trademark suit

In furtherance of the previous post about the BMW Emblem case , the current post is regarding the luxury automobile manufacturer, Bentley Motors Inc, which prevailed in a trademark infringement lawsuit against the makers and installers of kits that transform more modest vehicles into virtual clones of the Bentley. The crux of the issue here is, whether producing and installing external body kits to inexpensive vehicles to seem similar to high-end luxury automobiles constitutes trademark infringement and dilution of the…

November 3, 2015 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1400Views 0Like

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Celebrating 20 Years of IP Excellence

Delhi HC stays abandonment orders issued by the TM Registry

Trade Mark Office issues public notice regarding mass abandonment of applications

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

CGPDT and DSLSA join hands to dispose of pending IP disputes

EU Court rules against Mercedes-Benz: No Trade mark Infringement for Online Advertisements.

McDonald’s wins and is “lovin’ it”

The First Amendment strikes again

Don’t take the God’s name in vain

The Indian Express case

Trademark Infringement in the Automobile Industry Part III: Bentley Trademark suit

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