The Delhi High Court directs the Examiner to advertise the ‘Bharat’ mark after examining all the objections.

The Delhi High Court has sent a trademark application for the word “Bharat” with a device back to the examiner for re-evaluation. While a previous court order ruled the mark distinctive, it failed to address objections about potential genericness. This case highlights the importance of a thorough trademark examination process.

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Patent refusal order set aside, matter remanded back for DeNovo consideration

The Delhi High Court has faulted the Patent Office for rejecting a patent application without adequate reasoning. The case involved a beverage can closure design, and the Controller’s decision lacked clarity and failed to address the applicant’s arguments effectively. The Court has sent the case back for a proper re-examination, highlighting the need for thoroughness in patent application reviews.

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The changing dynamics of Infringement, Stay of Suit and damages in Trademark Cases

This blog post summarizes four recent trademark cases from various High Courts across India, and provides important takeaways relating to trademarks. In one of the cases, the Karnataka High Court pointed out that a trademark infringement suit can be stayed if a rectification is pending against the same trademark, although it was filed by another party. In another suit, the Delhi High Court, allowed the Defendant in the suit to conduct business under a modified name during the pendency of the case. This arrangement was agreeable to the Plaintiff as well, and other cases.

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Delhi High Court issues injunction against Software Piracy

Software giant Bentley Systems successfully obtained an injunction from the Delhi High Court against a company for copyright infringement of its software programs. This case highlights the legal recourse available to software companies in India to protect their intellectual property.

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Accelerate Your Patent Journey: Join BananaIP’s Discussion Forum on “Getting a Patent in One Year”

Join BananaIP Counsels’ discussion forum on ‘Getting a Patent in One Year’ for startups, SMEs, and innovators. Learn strategies to expedite patent grants in India and leverage IP for business growth. Register now!

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What are the Benefits of working with a Patent Attorney?

A patent attorney can help companies to protect their inventions and to commercialise their technology. They can provide advice on the patentability of an invention, on the drafting of patent applications, and on infringement and validity issues. In addition, they can offer other services, such as freedom-to-operate opinions, due diligence reports, and patent portfolio management. Read More

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