Publication of Patent Application in India : Lawcirca

Publication of Patent Application in India

Publication of Patent Application in India is one of the prime stages in the process to get the patent. Once the application for filing of the patent is made according to the Indian Patent Act 1970, Application shall be published for public inspection for 18 months from the date of filing or priority date of the patent. The act made it mandatory for every patentee to publish the patent application for the inspection of the general public in the official gazette of the country

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The Coca Cola company vs Bisleri International Pvt Ltd, 20 October 2009 : Lawcirca

The Coca Cola company vs Bisleri International Pvt Ltd, 20 October 2009

In this case between Coca Cola Company vs Bisleri International Pvt Ltd plaintiff contended that there is an infringement of trademark within and outside the jurisdiction from where the brand trade. Here the question arises is that what amount to the infringement of Trademark if one decides to go outside the territorial limits of the country to do business with the same Trademark.

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What Trademarks are registrable in India?

What Trademarks are registrable in India?

A Trademark is a form of Intellectual Property which distinguishes a good or service. It may consist of a sign, symbol, shape, colour, name or any other unique and distinct identification mark that would make a good or service easily differentiable from other commodities. A Trademark provides legal protection from infringement and prevents others from copying the same or creating deceptively similar marks. Trademarks can be owned by an individual, a business organisation or any other legal entity.

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What is falsely applying of trademarks and its penalties?

What is falsely applying of trademarks and its penalties?

According to the Trademark Act 1999, Section 2 (1) (zb) ” trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods their packaging and combination of colours.”

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What are the grounds for refusal of registration of a trademark?

What are the grounds for refusal of registration of a trademark?

The Trade Marks Act, 1999 defines a “trademark” under Section 2(1)(zb). A trademark means “a mark capable of being represented graphically and which is capable of distinguishing the goods and services of one person from those of others and may include the shape of goods, their packaging and combination of colours.”

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