Geographical Indications registered marks in India, what cannot be registered

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Geographical Indications registered marks in India, what cannot be registered

Productions that cannot be considered for GI registrations are :-

  • signs that do not qualify as geographical indications under the applicable law.
  • Conflict with a prior mark.
  • Generic character of the term that constitutes the GI.
  • The existence of a homonymous geographical indication , the use of which would be considered potentially misleading as to the product’s true origin.
    Homonymous geographical indications (GI) are those that are spelled or pronounced alike, but which identify products originating in different places, usually in different countries. In principle, these indications should coexist,
…

NICE class goods services list, main category of descriptions

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NICE CLASS goods  services description list

NICE CLASS NICE class goods services list description
NICE CLASS 01  Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
NICE CLASS 02  Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.
NICE CLASS 03  Bleaching preparations and other substances for laundry use; cleaning, polishing,
…

Importances in drafting an agreement or a deed and the purpose

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Importance in drafting an agreement or a deed and the purpose

There is quite a difference between “agreement” and “deed. When there is a mutual discussion between parties and they formally want such discussion to made in writing to pursue it further for an action; of what actually discussed, then such formal arrangement is called “agreement”.

On the other hand, Deeds mostly an exchange of commercial value or consideration and it involves an asset or a property, including intangible assets like Trademark, Patent, and such requires a statutory registration or transfer temporary or permanent is termed as a Deed.

In …

Design Patent Application Forms – Type of Forms

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Design Patent Application Forms – Type of Forms

INTRODUCTION
1. The first legislation in India for protection of Industrial Designs was The Patents & Designs Protection Act, 1872. It supplemented the 1859 Act passed by Governor-General of India for granting exclusive privileges to inventors and added protection for Industrial Design. The 1872 Act included the term ―any new and original pattern or design, or the application of such pattern or design to any substance or article of manufacture‘.

2. The Inventions & Designs Act of 1888 re-enacted the law relating to the protection of inventions and designs and contained a …

How to compare your mark with the conflicting marks

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How to compare your mark with the objection-conflicting-marks?

This post would try to summarize the technicality of the Trademark’s Examination Objection process and how to counter the conflicting marks and support your application.

As a owner of your trademark, you are absolutely right in believing that your Trademark application for registration is distinctive.

You may have found your mark’s distinctiveness during your Trademark Search stage. Your Distinctive trademark will not give you any conflicting marks. Otherwise, if your conception is similar or deceptive then there is a high probability that your trademark application will face an objection during the examination.…

Why to compare your trademark-search with the conflicting mark(s)

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Trademark search

Trademark Search
Why compare your trademark search with the conflicting mark(s).

You may be aware that before you file a Trademark application, it is your duty to do a trademark-search of your trademark. Secondly, after you file your Trademark application, your application might face an objection under Section 11, when the Trademark Examiner finds similar marks on the Trademark Registrar, that results in a bunch of conflicting marks that might have been reported retrieved by the Trademark Examiner. Hence, under both these circumstances, doing a  Trademark Search and making a technical comparison is a mandatory process, which requires a skill …

TRADEMARK RULES 2017

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TRADEMARK RULES 2017
Source : Ipindia

…

Trademark Forms under Trademark Rules 2017

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Trademark Forms  under Trademark Rules 2017

TM-A

  • TRADEMARKS APPLICATION
  • CONVENTION APPLICATION
  • MULTICLASS CONVENTION APPLICATION
  • MULTICLASS
  • SERIES MARK IN A CLASS OR MULTICLASS
  • SERIES MARK FROM CONVENTION COUNTRY IN CLASS OR MULTICLASS
  • COLLECTIVE MARK
  • CERTIFICATION MARK
  • COLLECTIVE MARK FROM CONVENTION COUNTRY
  • CERTIFICATION MARK FROM CONVENTION COUNTRY
  • COLLECTIVE MARK IN MULTICLASS
  • COLLECTIVE MARK IN MULTICLASS FROM CONVENTION COUNTRY
  • CERTIFICATION MARK IN MULTICLASS
  • CERTIFICATION MARK IN MULTICLASS FROM CONVENTION COUNTRY

TM-M

  • AMENDMENT OF REGULATION OF A COLLECTIVE MARK
  • CERTIFIED COPY OF ENTRY IN THE REGISTER (U/S 137) / COPY OF A DOCUMENT
  • CORRECTION OF CLERICAL ERROR OR FOR AMENDMENT U/R 37
  • DETAIL OF
…

Enforcing the Trademark Rights through the Police action

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 Enforcing the Trademark Rights through the Police action
(Sections 103, 104, 105 & 115 of the Trademark Act 1999.)

Though the Police have powers to take action against the trademark infringement, not all infringement cases can be handled through the  Police Department. for the limitations defined in Sections 103, 104, 105 & 115

Section 115 captioned as follows.
Cognizance of Certain Offences and the Powers of  Police Officer for Search and Seizure

It is important to read subsection 3 and 5 of Section 115 of the Trademark Act 1999. Section 115(3) defines that the offences only under section 103 or …

Trademark Startup, MSME application Fee

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Hi,

As a trademark applicant, you might be thinking how to avoid huge application fee of 9500, instead pay only 4500/-  But there is a catch.

Obtaining Startup India recognition is not a clear-cut procedure. So, alternatively,  if your company falls under small, medium enterprises, then file trademark under MSME option.

However, whether is your company falls under MSME definition?

The following findings will give info on the MSME definition.

As per the new Trademark Rule 2017, Section 2, subsection (v) definition of small enterprise means that.

According to the Micro, Small and Medium Enterprises Development Act, 2006 – 16 …