Intellect Juris

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Trademark-Exhaustion

PRINCIPLE OF TRADEMARK EXHAUSTION

INTRODUCTION A trademark right is typically exhausted by the first sale of goods or placing the same in the market. The basic principle is that once the right holder has been able to obtain an economic return from the first sale or placing in the market, the purchaser or transferee of the goods or services is entitled to use or dispose of them without further restriction. Exhaustion of rights is linked to the distribution right. The right to distribute objects means
AMUL-Canada-case

AMUL Canada case

INTRODUCTION: On 22nd June 2021, in what may be termed as a glorious moment of victory on the front of enforcement and guarding of Indian trademark laws and rights, a Canadian court passed a judgment in favor of Kaira District Co-Operative Milk Producers’ Union Limited, India (Amul). The opposite party went by the name of ‘Amul Canada’ and was seen as grossly violating the trademark rights of Kaira District Co-Operative Milk Producers’ Union Limited (hereinafter, Kaira). As we may be aware,
FASHION INDUSTRY & IP PROTECTION

FASHION INDUSTRY & IP PROTECTION

The Intellectual property regime in India provides for protection under the Design Act 2000, the Copyright Act, 1957, and the Geographical Indications of Goods ( Registration & prohibition) Act, 1999. Although there seems to be three distinct legislation, that protects three distinct characteristics in the process & lifetime of the fashion (fashion industry) apparel or the accessory. The artistic work in the sketches of the designs ( as soon as they are reduced to a material tangible medium ) is protected
patent registration

CAN IDEAS BE PATENTED?

The patentability of an idea is one of the controversial topics faced during the grant of patents. There is a very fine line difference between an idea and an invention because every invention is first an idea which later matures and gets patented. On the face of it, it seems that there is no substantial way to protect an idea under intellectual properties. Copyright protects literary and artistic works but not innovations and patent protects novel and unique inventions. Even though
GEOGRAPHICAL-INDICATIONS

PROTECTION OF GEOGRAPHICAL INDICATIONS

The Paris Convention talks about ‘indications of source’ and ‘appellations of origin’ which are the closest and simplest definitions available to what geographical indications (GI) seek to protect. Although the explanations may make it sound similar to trademarks, the difference is actually quite vast. GIs are not used by individual traders or companies to demarcate their goods as different from the ones of others, but to show that a certain product has to have a very specific geographical origin – a

Protecting Trademark Portfolio from Infringement

Entities ensure their valuable assets are registered through trademarks in the form of word or logo or symbol or a combination thereof. It is one of the most efficient ways of creating a brand value enabling the customers to identify their products and differentiate them from other similar products in the store. Trademark Registration in Delhi, India Choosing a strong yet unique mark is the first step to a successful business proposal following with registering the mark to gain an exclusive
types of patent applications

Types of Patent Applications

An applicant can file a patent application either with provisional specification or with complete specification. In case the application filed with provisional specification, then the complete specification should be filed within the 12 months from the date of filing of the provisional application (Note: there is no further extension of time to file complete specification after expiry of aforementioned period). At Indian Patent Office following types of patent applications can be filed depending upon the purpose: People should hire an experienced
Procedure for registration of patent application

Procedure for registration of patent application and grant of patent at Indian PTO

In India, the system of patent is managed by the Patents Act, 1970 (Act No.39 of 1970) as amended by the Patents (Amendment) Act, 2005 and the Patents Rules, 2003. The Patent Rules are regularly amended in concord with the changing environment. The most recent amendments in the Rules have been done in 2019. As the patent is not a global concept, it’s a territorial right confined to a specific territory with protection for a limited period of time i.e., 20
Procedure for registration of TradeMarks application in India

Trademark Registration in Ludhiana | Best Trademark Lawyers

In India, the Trademark is governed by the Trademarks Act, 1999 (Act No.47 of 1999) as amended by the Trademarks (Amendment) Act, 2010 and the Trademarks Rules, 2002. The Trademarks Rules are regularly amended in consonance with the changing environment. The most recent amendments in Rules have been done in 2017. Trademark Registration in Ludhiana is a territorial right confined to a specific territory with protection for a limited period i.e., 10 years from the date of filing of trademark application;
HOW-TO-OBTAIN-GLOBAL-RIGHTS-OF-PATENT

How To Obtain Global Rights Of Patent & Documents Required For Patent Registration

There is no concept of global rights under the Patent laws. Patent rights are territorial in nature. If an inventor has secured grant of patent within ‘X’ country, he will have proprietorship right in that patent within the jurisdiction of ‘X’ country only which means proprietary rights in patent are limited to the country in which inventor secured the patent protection for the invention. There are various routes to protect the invention as patent in other countries. Irrespective of whether inventor