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Trademarks

BananaIP Counsels > Trademarks (Page 23)

From OHIM to EUIPO – OHIM’s New Trademark Reform

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 Office for Harmonization in the Internal Market (OHIM), the office for registering Trade Marks and Designs in the European Union, will undergo major changes including change in the name of the office to “European Union Intellectual Property Office” (EUIPO) and the name of the Community Trade Marks (CTM) to “European Union Trade Marks” (EUTM). The OHIM website, from 22nd to 23rd March 2016, will be updating its online application system to implement the changes in the legal process as laid out in the (EU) No 2015/2424. The most notable changes which will come into force on 23rd March, 2016 are...

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CGPDT and DSLSA join hands to dispose of pending IP disputes

The image depicts IP India's logo. The post is about new biotech guidelines from indian patent office. Click on the image to read the full post.

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) reiterates that the alternative dispute mechanism available should be cost effective & efficient to be chosen by parties to settle disputes....

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

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

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 automobiles and parts and their repair and servicing. The background of the facts which led up to this case, in...

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Young Intellectuals: Intellectual Property Insights

The image is of the IP book Young Intellectuals. To know more click here

Intellect breeds wisdom, and wisdom begets knowledge. Intellectuals push the boundaries of knowledge and creativity, and with these sharp minds around, the world is always dynamic. Often, a peek into minds of intellectuals gives insight and foresight beyond the ordinary. 'Young Intellectuals' takes a look into minds of select IP Professionals, whose contributions are making more than a noteworthy difference to the progress of science and creative arts. Patents, MNCs, and India Strategy: R. Lakshminarayanan Role of IP/ Patents in Indian Companies: Nilesh Puntambekar Patents in Electronics and Telecommunications Industry: Nitin Nair Pharma Patent Strategy for India: Vinita Radhakrishnan Prosecuting Mechanical and Automotive Patents: Somashekar...

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McDonald’s wins and is “lovin’ it”

The featured image is that of two golden arches that symbolize, McDonald's logo. The post is about a recent case in which McDonald's won against Supermac. To read more click here

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 now worth of around €100 million. McDonald’s contended in its opposition application that if Supermac's application was allowed for registration, it would...

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The First Amendment strikes again

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 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 “a highly disparaging reference to people of Asian descent” that continues to be disparaging to “a substantial composite of the...

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Comments and Suggestions on the Draft Trademark Rules, 2015 

The Custom image reads "Comments on the Draft Trademark Rules, 2015". The post is about the Comments and suggestion submitted to the DIPP on the new proposed TM rules. To read more click here.

The Ministry of Commerce and Industry, Department of Industrial Policy and Promotion ("DIPP") issued a notification on November 19th, 2015 publishing the draft Trademark (Amendment) Rules, 2015 ("Draft Rules") seeking to amend the Trademark Rules, 2002 ("Trademark Rules"). The proposed Draft Rules seeks to simplify the complex registration process. The objective of the Draft Rules is to create a more organised system of filing applications which will result in the efficient processing of applications. In light of this, it is imperative that we acknowledge and appreciate the efforts that have gone into making the proposed Draft Rules. The important changes such as...

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Don’t take the God’s name in vain

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.

  “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 or religious books could not be trademarked for any goods or services. This decision is the climax of a story that began...

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Pidilite Industries vs. Vilas Nemichand Jain.

Trademark Infringement

This post discusses a recent case update with regard to prior use of a descriptive trademark. The case presents an interesting aspect of trademark law, i.e., when claiming for passing off action of a descriptive trademark, the Plaintiff must provide convincing evidence to establish the prior use and the secondary meaning which has been acquired for the trademark. The case described herein was filed on 26th July 2010 before the High Court of Bombay, by two companies namely, Pidilite Industries Limited and Hardcastle & Waud Manufacturing Co. Ltd against the defendant, Vilas Nemichand Jain. The plaintiffs instituted an action against the...

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The Indian Express case

Trademark Infringement

  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 been registered by the Registrar of Newspapers for India (RNI) under the Press and Registration of Books Act, 1867 (the...

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