The Patent, Trademark Facilitators and the meaning of Startup

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The Patent and Trademark Facilitators and the meaning of Startup: 

How do the facilitators benefit the Startups and self?

There are two documents which should help to understand the purpose of Trademark, Patent, & Design Patent Facilitators, and How their services would help the Startups.

First Document issued by the  MINISTRY OF COMMERCE AND INDUSTRY, Department of Industrial Policy and Promotion vide notification dated 17th February 2016,  G.S.R. 180(E).- ‘Startup India’, which is an initiative for creating a conducive environment for startups in India. In this aspect,  various Ministries of the Government of India have initiated a number of activities …

Raja vs SPB Copyright rights in a wrong context!

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Recent copyright issue escalated by the world-famous music composer illayaraja has created a mass awareness about the intellectual property law. I mean, more than the authors and the legal fraternity, the common public got an awareness about copyright, especially about cinema songs.

However, whether royalty claims by illayarja subsists with the copyright protection, to him as a composer, or SPB infringing the copyrights knowingly or unknowingly.

There are 2 aspects in this issue of copyrights and royalty on cinema songs.

  1. Who is the original Author?
  2. What does the copyright law say?

1) Original Author: Songs from Indian cinema are not …

TM Rules, THE SECOND SCHEDULE

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TM Rules, THE SECOND SCHEDULE

THE SECOND SCHEDULE FORMS
FORM SECTIONS OF THE ACT TITLE DESCRIPTION FIRST SCHEDULE ENTRY Remarks
TM-A Sections 15, 15(3), 18(1), 18(2), 63(1), 71, 71(1), 154 (2) Application for registration of a trademark for specification of goods or services included in one or more than one classes under section 18(1) or 18(2) or Application for registration of Collective Marks for  specification of goods or services included in one or more than one classes under section 63(1),or Application for registration of Certificate Marks for  specification of goods or services included in one or more than one classes
…

Application for registration of a trademark

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FIRST SCHEDULE
ENTRY NO ON WHAT PAYABLE AMOUNT IN FOR PHYSICAL FILING  FOR E-FILING FORM NO.
1 Application for registration of a trademark /collective TM-A
Marks / Certification Mark / Series of trademark for specification of goods or services included in one or more than one classes.
Where the applicant is an Individual/Startup/ 5000 4500 TM-A
Small enterprise 5000 4500 TM-A
In all other cases 10000 9000
fees is for each class and for each mark.
2 On a notice of opposition under section 2(1), 64, 66 or 73 or application for rectification of register under section 47 to 57,68,
…

Trademark Rules 2017 Continued

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Re-classification of Goods in Respect of Existing Registration

  1. Re-classification in respect of existing registration.-
    (1) On the amendment in international classification of goods and services (NICE Classification), the registered proprietor  of a trademark may apply to the Registrar in Form TM-P for the conversion of the specification of goods and services relating to the trademark, so as to bring that specification into conformity with the amended classification.

(2) The Registrar may, thereupon, amend the description of goods and services or the classification as the case may be in accordance with international classification of goods and Services (NICE Classification).

(3) The …

Trademark Rules 2017

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Trademark Rules 2017
[TO BE PUBLISHED IN THE GAZZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA

MINISTRY OF COMMERCE AND INDUSTRY

(DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION)

Notification

New Delhi the           .11‘ March, 2017

GSR  (E).- Whereas a draft of certain rules, namely, the Trade Marks Rules, 2015 were published as required under sub-section (4) of section 157 of Trade Marks Act, 1999 (47 of 1999), vide notification of the Government of India in the Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) number G.S.R. 879 (E) dated, the 17th…

TM Rules 2017 determination of Well-Known Trademark

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Determining Indian Well-Known marks status seems like a conflict against international IP policies. In Indian Trademark Registry, well-known marks were publicly listed  in the website. But, they were only based on the Court Judgement, supported by  the extract of sentences  containing “well-known mark” references/quote.

Now, as the new TM Rules 2017 have come with a procedure/rule for determining a Well-Known Trademark , my interpretation leads to following requirements and conditions.

Requirements

  • TM-M form to be used.
  • Only E-filing
  • Fees applicable 100,000/per mark.
  • TM registration is not compulsory. If not registered, logo and documents are required.
  • Statement of case (No format
…

New Trademark Rules 2017, untested e-filing system and administrative system

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My experience has been a mix of technology and law. So, I take the privilege to comment on the new trademark rules 2017.

The recent change in Trademark Rules 2017 and e-filing system is unclear and lacks the touch of the professional plan in an application migration and adaptability etc.

Normally, when any web application is expected to be replaced with the new version, it is a must practice that, the beta version must be introduced into the use first. Secondly, beta would be able to help in getting all kind feedback from the users and improve the live use.…

Speed Dial for iPhone

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Speed Dial on the App Store

Speed dial is a phone call application, speed dial on the drive. with this app user can place 24 most frequent contact numbers from existing address book & assign it to the speed dial screen.

A group, family or office contacts on a single screen.

By using a Number settings button on the home screen, numbers can be re-assigned & replaced at any time according to the preference. Upon selecting the phone number from address book contacts, first name or a last name whichever available is displayed instantaneously on the home screen.

Speed dial name & number can also be …

Infringement of unregistered copyright.

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Action on unregistered Copyright Infringement.  An interesting article from  Adam

source: http://www.legalmatch.com/law-library/article/unregistered-copyrights.html
Once a work is “fixed” in a “tangible medium of expression,” it is automatically protected by copyright. Registration is not necessary to receive copyright protection. An unregistered copyright entitles you to reproduce, sell, and perform the copyrighted work. Beyond this, your rights are limited if your copyright is not registered, especially if you have distributed your work through a copyleft agreement.

Bringing Suit for Unregistered Copyrights
You cannot bring a suit for copyright infringement without first registering your copyright. It is possible to sue for an injunction, which …