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Trademark Application, Prosecution Process, and Timelines

With respect to trademarks, India follows a first to use system i.e., prior use is one of the superior claims to any trademark litigation. The applicants must try and be the first in line to file to avoid the potential burden to oppose any earlier filed applications as unregistered marks have no right to file for infringement. The trademark application is filed on basis of the territorial jurisdiction as per the principal place of business of the said proprietor. Section…
November 11, 2021 Intellectual Property, Trademarks 0Comment 3180Views 1Like
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Latest Updates on Trademark Law - 1st August to 8th August, 2021

Latest Updates on Trademark Law – 1st August to 8th August, 2021

Indian Trademark Updates Samsung India Faces Temporary Injunction in Trademark Infringement Suit In a recent decision by the City Civil Court at Bengaluru, technology giant Samsung India, along with its service provider Story Experiences Pvt. Ltd., have been temporarily restrained from using the term “Concierge”.  The suit was instituted by Dipali Sikand, the founder of Lesconcierges Services Pvt. Ltd. and Club Concierge Services (India) Pvt. Ltd., who claimed that she was the first person to introduce concierge services in…
August 10, 2021 Geographical Indications (GI), Intellectual Property, Trademarks 0Comment 2558Views 1Like
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Trademark Updates part 4

Latest Trademark Cases in 2021 – Part 4

Sun Pharmaceutical Industries Limited vs Cipla Limited In this case, the Respondent/Plaintiff filed a suit for a permanent injunction before the Madras High Court against the Applicant/Defendant for infringement of its copyright and trademark. The Court herein, granted an interim injunction in favour of the Respondent/Plaintiff. Henceforth, the Applicant/Defendant filed three applications with a plea to vacate the interim relief granted on grounds of urgency. The plea was based on the fact that the drugs were of a huge amount,…
July 8, 2021 Intellectual Property, Trademarks 0Comment 3061Views 0Like
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Untitled Design x

Intellectual Property Statistics 2020 (India)

PATENTS A total of 70,924  patent applications were examined in 2020 as opposed to the total of 83,226 patent applications examined in 2019. The total number of grants in 2020 also shot up by as much as 12% in comparison to the total number of grants in 2019. The patent office on an average examined and issued 194 first examination reports (FERs) per day. Particulars 2018 2019 2020 Applications Published 38961 49351 51325 Granted 13813 23257 26309 Examined 81406 83226 70924 INDUSTRIAL DESIGNS 2020 certainly appears to have been a great year for Industrial designs. A total…
January 15, 2021 Copyrights, Geographical Indications (GI), Industrial Designs, Intellectual Property 0Comment 2239Views 1Like
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61% Decrease in the Trademark Examinations this Week

61% decrease in the total trademark applications examined this week, a decrease of 5937 in the total number of applications disposed through show cause hearings and more. These statistics have been compiled from the official journal of the trademark office published weekly on Mondays. INDIAN TRADEMARK STATISTICS The effects of the Corona virus can be seen on the Indian Trademark Office as well. The total number of trademark applications examined has decreased by sixty one percent (61%). Similarly, there has been…
March 26, 2020 Intellectual Property, Trademarks 0Comment 762Views 0Like
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The Fight for Martha Graham's Copyrights and Trademarks in Technique, Style, Choreography, Sets, Jewellery, Costumes and Music.

The Fight for Martha Graham’s Copyrights and Trademarks in Technique, Style, Choreography, Sets, Jewellery, Costumes and Music

Martha Graham is well known for her modern dance technique, choreography, sets, costumes, jewellery and other creative work, and she is today a legend in dance circles. Her unique technique and style is referred to as Martha Graham Technique or Graham's Technique after her name. Martha Graham was quite protective of her creative work, and allowed very few dance companies to perform her choreographies during her life time. In her effort to finance her creative work and promote/disseminate her technique/style,…
December 11, 2019 Copyrights, Intellectual Property, Publicity Rights/ Celebrity Rights, Trademarks 0Comment 1480Views 2Likes
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Trademark Statistics x

22% Increase in Trademark Registrations this Week, 62 Renewal Notices issued This Week and more

22% Increase in Trademark Registrations this Week, 62 Renewal Notices issued This Week and more. These statistics have been compiled from the official journal of the trademark office published weekly on Mondays. INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office has had a mixed week. The total number of applications disposed through show cause hearings has increased by four percent (4%). Similarly, the total registrations granted has increased by twenty two percent (22%). However, there has been a decrease of…
October 23, 2019 Intellectual Property, Trademarks 0Comment 671Views 0Like
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image for RADICO KHAITAN LIMITED V. CARLSBERG INDIA PRIVATE LIMITED

Beer versus Whiskey- Beer Wins 8PM battle

This post was first published on September 24, 2011. RADICO KHAITAN LIMITED V. CARLSBERG INDIA PRIVATE LIMITED , decided on 16th September, 2011 by Delhi High Court Facts:- The plaintiff- Radico Khaitan Ltd. has been continuously and extensively carrying on an established and reputed business in respect of manufacture and sale of alcoholic beverages in India, as well as numerous countries across the world directly by itself and through its affiliates, subsidiaries, licensees, etc. The plaintiff adopted…
August 4, 2019 Intellectual Property, Trademarks 0Comment 1317Views 0Like
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This image depicts several well known brand logos such as McDonald's and Coca-Cola. This post is about the transborder reputation of well known marks. Click on the image to read the full post.

Introduction to Well-Known Trademarks and Trademark Dilution

    This post was first published on June 30th, 2014.   Generally, trademark protection is limited to the protection against unauthorized use of a trademark on identical or similar goods or services. The deceptive similarity and likelihood of confusing elements are not applicable in cases where an alleged conflicting mark is used in respect of dissimilar and/or unrelated goods and services. For example, the use of the mark KODAK for hotels or catering services would not amount to trademark infringement under the…
July 30, 2019 Intellectual Property, Trademarks 0Comment 1467Views 0Like
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The image depicts a lock with the letters TM by its side. The post talks about protecting trademarks. Click on the image to read the full post.

Case Study – Trademark for Film Titles

  This post was first published on June 27th, 2014.   What's in a name? - This question of William Shakespeare's would probably fade away into the background when it comes to the Entertainment Industry. The importance given to a name seems like just about everything in the context of the Entertainment Industry, since it creates an identity and makers of a film all over the world are choosy to the point of being cranky when it comes to giving their film…
July 27, 2019 Intellectual Property, Trademarks 0Comment 3495Views 0Like
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