Design registration

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Design registration
unconventional-trademarks

Trademark Law Series – Unconventional Trademarks in India

SHAPE TRADEMARK Indian courts have also been more or less consistent in their judgments with regard to shape as a trademark. In the case of Lilly ICOS LLC and Anr. v. Maiden Pharmaceuticals Ltd. wherein it had been alleged that the almond shape of the plaintiff’s product had been copied by the defendant, the Delhi High Court passed judgment in favor of the plaintiff and thereafter issued an injunction against the defendants in this regard as it was of the opinion
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geographical-indication

Geographical Indication: What and why.

The USPTO held that the term ‘basmati’ was not a geographical location but rather a descriptive term referring to the fragrant quality of the rice and as such could be used by RiceTec and it was not necessarily a geographical indication. However as geographical indications “need not necessarily indicate the place of origin, it could signify the product itself as long as it is known to possess certain qualities by the virtue of its belonging to a certain place” and also
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Registration-of-Well-Known-Trademark

TERRITORIALITY VS. UNIVERSALITY – THE RISE OF DEBATE:

FOUNDATIONAL PRINCIPLES: The doctrine of Territoriality – A sovereign state according to the provisions of its domestic laws, grants trademark rights. The principle of territoriality states that this right does not go beyond the boundaries of such a sovereign state. In simpler words, it means that a well-known trademark can only be considered so within the nation’s territory as its reputation is limited that way. The right granted recognizes a well-known trademark/best Design registration lawyers in Delhi within such limits and
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REGISTRATION-OF-DESIGNS

REGISTRATION OF DESIGNS IN INDIA

Developing and creating new designs require creativity as well as a monetary investment. Therefore, the individuals expect to have exclusivity over the rights, which are provided by the law. Registration of designs provides exclusive rights over creation to the creator and excludes unauthorized use by third parties. Registration of designs and the procedure to be followed for registration is laid down in Chapter II of the Designs Act, 2000. To get a design registered, an application is made to the Controller
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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
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