This post was first published on 2nd July, 2014. A trademark means a mark capable of being represented graphically, capable of distinguishing goods or services of one person from those of others. Hence for a mark to be registered as a trademark under the Trade Marks Act, 1999, it has to satisfy three requirements which include: It should be a mark It should be capable of being represented graphically It should be capable of distinguishing the goods or services of one person from those of others Apart from these requirements, a mark should not fall under any grounds for refusal of registration...Continue reading
This post was first published on 23rd March, 2011. Michael Jackson will always be remembered as the King of pop and will always remain the greatest entertainer of all time. He thrilled everybody with his superb innovative dancing skills and inspired people to innovate their own unique style. He rollicked with his Moonwalk in Smooth Criminal. The moonwalk was earlier known as backslide, but it was Michael Jackson who made it famous after performing it in his song “Billie Jean”. People started considering him a superstar even before his first mega hit “Thriller” was released in 1982. He was honoured by...Continue reading
This post was first published on 22nd August, 2014. The Controller General of Patents, Designs and Trademarks (CGPDTM) published the revised draft guidelines for the examination of patent applications in the field of Pharmaceuticals on August 12, 2014. The main intention of said guidelines was to bring in a uniform practice for the examination of patent applications relating to the Pharmaceutical field. Earlier in the month of February, the CGPDTM had published the draft guidelines with regard to this and had requested for comments and suggestions. The Indian Patent Office had also published the comments received which contained the views of various...Continue reading
This post was first published on 22nd June, 2012. 1. Have a business? Applying for a trademark is a sheer waste of time. You must already be busy with routine chores of the business. Thinking of adopting a mark and going through the entire process of getting it registered is just tiresome and unnecessary. Business will boom if it has to. 2. If you are thinking of a name for your mark, trying to adopt a descriptive name as your trademark will be a good idea, i.e if you are selling oranges then the trademark you should adopt is ORANGE. 3. Have you...Continue reading
This post was first published on 9th April, 2011. Smoking has become one of the biggest problems haunting youngsters today. Many of us know the famous scene from a Tamil movie starring Rajinikanth where Rajinikanth takes on the challenge of flipping his cigarette into the air and catching it with his mouth and repeats this ten times. Though, this kind of scenes get applauded by the audience in the theatre but when it comes to real life, smoking is considered to be one of the biggest curse of mankind. Smoking is considered to be more dangerous than drugs as it affects not...Continue reading
This post was first published on 22nd March, 2012. We are all aware that what is already existing in the public domain falls outside the scope of patentability. This is because it is already known and hence the aspect of novelty, which is the primary requirement to qualify for a patent is absent. Moreover, what is already there in the public domain cannot be taken back, because patents grant exclusivity to the inventor. Patenting of traditional knowledge is nothing new, and as far as India is concerned it has had bitter experiences with turmeric, neem and basmati. The need for documentation...Continue reading
This post was originally published on 18th December, 2011. Bayer and Cipla have recently settled trade mark litigation with respect to Advantage and Advantix trade marks. These trade marks were registered by Bayer at the USPTO and are being used for veterinary products. Cipla has been marketing one of its pet products under the trade mark, DA Double Advantage with the aid of an online supplier called Archipelago. Aggrieved by Cipla's actions, Bayer filed a suit in a US court asking for a preliminary injunction against use of the trade mark. The parties have now settled the dispute out of court. As...Continue reading
This post was first published on July 15, 2014.
How is the novelty of an invention established? Another question with a similar connotation is – How does one determine if an invention is anticipated? Simple. Let’s see if something exactly alike exists. Apparently, the district court of the District of Arizona didn’t think so.
We’ll look at a case that will put to rest a lot of doubts surrounding the anticipation of inventions. The case, Net MoneyIN, Inc. v. Verisign, Inc., 545 F.3d 1359 (Fed. Cir. 2008), decided in October 20, 2008, is where the Federal Circuit Court of Appeals clarified the test for anticipation under 35 U.S.C. §102(a).
The patents in contention mainly dealt with subject matter pertaining to systems and methods for online credit card transactions and for addressing security concerns related to these transactions. There were two main issues that were addressed by the inventor – 1. The requirement of prospective customers to send their confidential credit card information to an unknown merchant over the Internet; and
2. Banks that had issued customers’ credit cards imposed stringent requirements on merchants.
This post was first published on July 07, 2014.
In furtherance to the earlier post, related to trademark classification and search, we will now discuss the trademark filing process.
The procedure for registration of trademarks is contained in Section 18 to 26 of the Trade Marks Act, 1999 and Rules 25 to 62 of the Trade Marks Rules, 2002. A trademark application should be filed in the office of Trade Marks Registry within whose territorial limits the principal place of business of the applicant is situated. In case of applicants who do not have a physical place of their business in India, the application should be filed in the office within whose jurisdiction the applicant’s address of service is located. State-wise jurisdictions for filing a trademark application are mentioned below: