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BananaIP Counsels > Trademarks (Page 41)

Trademarks: Making a Mark – Faming Strategy for India

This image depicts the trademark symbol, which consists of the letters T and M in a circle. This post gives important updates in the filed of trademarks. Click on the image to read the full post.

A trade mark provides business and competitive advantage through consumer recognition and association of good will. Business advantage can be maximized if fame can be associated with the trade mark. A famous trade mark allows a company to prevent unauthorized use of the trade mark for both related and unrelated businesses. In India, use of a famous trade mark for unrelated goods or services is considered as infringement. A famous trade mark is said to be infringed if a persona. uses identical or similar trade mark;b. for unrelated goods or services; andc. takes unfair advantage or causes detriment to the famous...

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Trademarks: Can Apple Monopolize the ‘App Store’ trademark?

This image depicts an iPhone on a shot of the app store app. Apple has sought to trademark 'App store'. This post discusses whether the trademark is permissible. Click on the image to read the full post.

Microsoft has rejuvenated the discussion over descriptive and generic marks by opposing Apple's attempted registration of the trademark 'App Store'. Apple Ipod users will very well identify that Apple has been one of the forerunners when it comes to the usage of the term App store. Now apple has launched app store for its Mac (personal computer and Ipad as well). Having recognized the brand potential of the mark App Store, Apple applied for a trademark registration over this term and Microsoft opposed the same on the pretext that this term is descriptive in nature.Now the question before the US...

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Trademark: Inflation takes effect on TMR; Trademark Filing Fee Increased!

The Government Fee for Trademark application has been increased from Rs. 2,500 to Rs. 3,500. This hike is effective from 29th December2010. Applicants who have filed trade mark applications from 29 December 2010 onwards will have to pay the deficit amount of Rs.1,000/- (Rupees One thousand) per application in respect of applications filed from the date of notification till issuance of this notice, on or before 30th January,2011.Considering the importance of a Trademark in trade and commerce, the hike in Government Fee for filing of Trademark Application will not deter proprietors from filing new Trademark Applications. In a constant attempt to make the online Trademark...

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Trademark: Trademark Public Search goes toll free!!!

Indian Trademark Office has announced the Trademark Search as free. It will be in effect from today (13th January 2011) onwards. Earlier the Government Fee for manual Trademark Search was Rs. 500 by way of filing Form TM-54; Government Fee for the Expedited Search was Rs. 2,500 by way of filing Form, TM-71 and as per online Trademark Search, the Government Fee was Rs.400. Now, the Trademark Office has omitted the two TM forms i.e TM-54 and TM-71 specified in the Trademarks Rules 2002. The online Trademark Search has not yet been functional due to some updation in the website....

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Trademarks: On Your Marks !!!

This image depicts the trademark symbol, which consists of the letters T and M in a circle. This post gives important updates in the filed of trademarks. Click on the image to read the full post.

Consumer recognition and goodwill derived through trade marks provide great  business and competitive advantage to a company. Trade Marks today occupy a large percentage of the financial value of a company and trade mark value is often much more than a company's tangible asset value. Interbrand valuation results show that Coca Cola is the most valuable trade mark in 2010 and is worth 70,452 million dollars. The top ten brands as per Interbrand are: Top Ten brands of 2010 1. Coca-Cola 70,452 ($m) 2. IBM 64, 727 ($m) 3 Microsoft 60,895 ($m) 4 Google 43,557 ($m) 5 GE 42,808 ($m) 6 McDonald's 33,578 ($m) 7 Intel 32,015 ($m) 8 Nokia 29,495 ($m) 9 Disney 28,731 ($m) 10 Hewlett-Packard 26, 867 ($m) Source: http://www.interbrand.com/en/best-global-brands/Best-Global-Brands-2010.aspx In a survey carried out by money mint, Amul...

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Trademarks: Microsoft objects to Apple’s “App Store” trademark application

Microsoft has filed an objection to the Apple’s “App Store” trademark application. On July 17th 2008, (which was after the launch of the iPhone App Store), Apple had filed a trademark application for “App Store.”   The application was filed in the United States Trademark office under the International classes 35 (Advertising; business management; business administration; office functions), 38 (Telecommunications) and 42 (Scientific and technological services and research and design relating thereto: industrial analysis and research services; design and development of computer hardware and software; legal services). Now, on 11th January 2011, software giant Microsoft has filed a motion for summary judgment...

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Trademarks: Indian Trademark Office centralises printing and despatch of Registration Certificates

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.

 Intellectual Property India is under going an infrastructure facelift as part of its recent efforts to clear the backlogs. In December 2010, the patent office started a backlog clearance drive under which the officials are working extra time including holidays to ensure that all pending patent applications are duly disposed off. In a similar move, as an effort to prevent a potential ‘docket explosion’ the Trade Marks Registry has centralised the system of printing and despatch of certificates at Trade Mark Registry, Mumbai. According to a public notice dated 5th January 2011 issued by the Controller General, there are about 75000...

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Trademarks: History and evolution of trademark system

This image depicts evolution form apes to human beings. This post describes the history and evolution of the trademark system. Click on the image to read the full post.

  History of (trade)marksDating back to those barbarian times where majority of people could not read or write is when symbols became a logical method of letting people know, what belonged to whom? The earliest marks were that of marking of animals, so a farmer, rancher or lord could distinguish what animals belonged to whom.As commerce developed, marks began to serve a number of purposes. ‘Potters mark’ of Greek and Roman times appeared on vessels to indicate the origin, destination along with the identification of the maker. The ancient Egyptian Artifacts embraced various symbols carved on structures based on religious and...

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Trademarks: Kraft files a trademark and copyright lawsuit against Britannia.

This image depicts Britannia's cream filled biscuits 'Treat'. Kraft food has claimed that Britannia has infringed thir trademarked Oreo biscuits. Click on the image to read the full post.

Kraft Food Inc., America’s largest packaged food company has filed a law suit against Britannia Industries for trademark and copyright violations of its popular Oreo cookies.  The suit was filed in Delhi High Court on 4th January, 2011. The suit alleges that "Treat-O" biscuit which was launched recently by Britannia is a copy of Kraft’s cream-filled sandwich cookies. It is further alleged that “Britannia has copied design etchings, which the former refers to Oreo cookie trade dress, such as florets and inner rings of Oreo biscuits. The lining on Britannia’s product, inner rings and florets and their placement on the...

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Trademarks: Total Trade Mark Recall – Important Trade Mark Developments in India- 2010

2010 will be remembered for the considerable amount of development that took place in the trademark domain.  The year started with a major transformation when both the Lower and Upper houses of Parliament passed, the trademark amendment bill 2009. Some of the major objects this bill sought to achieve were: 1) To build an Indian trademark system parallel to Madrid protocol; 2)  To make a single window system for filing and enforcement of foreign trademarks; and 3) To remove the discretion of the Registrar to extend the time for filing notice of opposition of published applications and provide for a uniform time limit...

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