This post explores the absolute grounds for refusal of trademark registration in India, focusing on Section 9 of the Trade Marks Act, 1999. It discusses distinctiveness requirements and the circumstances under which descriptive or customary marks may be registered.
Read more about Grounds for Refusal of Trademark Registration – Part 1Pop King’s Patent – The Lean Against Gravity
Michael Jackson’s patented anti gravity lean revolutionised stage performances in Smooth Criminal. This article analyses the invention and its lasting influence on dance and intellectual property. It stands as a tribute to Jackson’s legacy.
Read more about Pop King’s Patent – The Lean Against GravityRevised Draft Guidelines for Examination of Patent Applications in the Pharma Industry
The revised draft guidelines for examining pharmaceutical patent applications in India aim to standardize practices and clarify legal provisions, particularly section 3(d). These guidelines reflect stakeholder input and are designed to address the complexities unique to the pharmaceutical sector.
Read more about Revised Draft Guidelines for Examination of Patent Applications in the Pharma IndustryWhat NOT to DO While Applying for a Trademark
Many businesses make critical mistakes while applying for trademarks in India, including neglecting due diligence and ignoring official objections. This post details what to avoid during the trademark registration process for effective legal protection.
Read more about What NOT to DO While Applying for a TrademarkSmoking Without Smoke
This article explores the problem of smoking and passive smoking, emphasizing ongoing health risks despite legislative efforts. It also examines a patented smokeless smoking device designed to mitigate these risks through innovative technology.
Read more about Smoking Without SmokePatentability of Yoga- An Analysis
The post analyses the patentability of yoga under Indian law, stressing the importance of traditional knowledge documentation. It discusses the challenges India faces in protecting yoga and preventing misuse through patents abroad.
Read more about Patentability of Yoga- An AnalysisTrademark Litigation: ‘Advantage’ of Settlement
Bayer and Cipla recently settled their trademark dispute over veterinary products, with Cipla agreeing to compensation and ceasing use of contested marks. This case illustrates how IP litigation often leads to settlement, especially in high-impact sectors.
Read more about Trademark Litigation: ‘Advantage’ of SettlementAnticipation – Mere Presence of Elements Insufficient; Arrangement of Elements Imperative
This analysis addresses the requirement for both the presence and arrangement of claim elements in anticipation under patent law, drawing from the Net MoneyIN v. Verisign case. The Federal Circuit clarified that combining separate disclosures within a single prior art reference is insufficient to establish anticipation.
Read more about Anticipation – Mere Presence of Elements Insufficient; Arrangement of Elements ImperativeAn In-Depth Look at the Trademark Registration Process – Part III
The post discusses the procedure for trademark registration in India, highlighting statutory requirements, jurisdiction, and application particulars. It covers forms, fees, and necessary documentation under the Trade Marks Act, 1999.
Read more about An In-Depth Look at the Trademark Registration Process – Part IIIThe Non-Obviousness Requirement and its Evolution – Graham vs. John Deere
This post discusses Graham vs John Deere and its importance in shaping the non-obviousness requirement under US patent law. It provides an analytical overview of the case, judicial reasoning, and ongoing relevance for patentability standards.
Read more about The Non-Obviousness Requirement and its Evolution – Graham vs. John Deere