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
View More Publication of Patent Application in IndiaTag: Trademark
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.
View More The Coca Cola company vs Bisleri International Pvt Ltd, 20 October 2009Trademark infringement and its remedies
A trademark is capable of distinguishing the goods or services of one person from that of another when used in trade and it is used…
View More Trademark infringement and its remediesCan a Trademark be Jointly Owned?
According to section 24 of The Trade Marks Act, 1999, when two or more persons or legal entities come together for creating a joint entity…
View More Can a Trademark be Jointly Owned?Conditions for Registration of a Trademark in India
Focus keyword- Conditions for registration Additional keyword- Conditions for registration of trademark in India, Section 3, Registrar. Intellectual Property Law has become one of the…
View More Conditions for Registration of a Trademark in IndiaEverything about Registered users of Trademark in India
Focus keyword- Registered users Additional keyword- Section 49, registered proprietor, registration as a registered user Intellectual Property law has many sub-divisions within it. However, among…
View More Everything about Registered users of Trademark in IndiaEstablishment and Composition of Appellate Board under the Indian Trademarks Act
Focus Keyword- Appellate Board Additional Keywords- Section 83, the establishment of the appellate board, Section 84, the composition of the appellate board ESTABLISHMENT OF THE…
View More Establishment and Composition of Appellate Board under the Indian Trademarks ActCadila Healthcare Limited Vs Cadila Pharmaceuticals Limited, 26th March 2001
FACTS The appellant and the respondent are pharmaceutical companies who have launched medicinal products named Falcitab and Falcigo respectively and registered it in the year…
View More Cadila Healthcare Limited Vs Cadila Pharmaceuticals Limited, 26th March 2001Procedure for registration of a trademark in India?
Focus keyword- Trademark Registration Additional Keyword- Section 18, duration of registration, opposition to registration The Trade Marks Act, 1999 and the Trade Marks Rule, 2015…
View More Procedure for registration of a trademark 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.
View More What Trademarks are registrable in India?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.”
View More What is falsely applying of trademarks and its penalties?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.”
View More What are the grounds for refusal of registration of a trademark?Milmet Oftho Industries & Ors vs Allergan Inc on 7 May 2004
Facts In the instant case, both the Appellant and the Respondent were a Pharmaceutical company involved in the manufacturing of pharmaceutical products in various countries.…
View More Milmet Oftho Industries & Ors vs Allergan Inc on 7 May 2004Collective Marks under the Trademark Act
The trademark law includes within its scope a separate category of marks known as collective marks. The World Intellectual Property Organization (WIPO) has defined these…
View More Collective Marks under the Trademark Act