trademark registration

patent-registration-in-delhi

SUN PHARMACEUTICAL INDUSTRIES LIMITED v. CIPLA LIMITED

In this case, Plaintiff filed a suit for a permanent injunction before the Madras High Court against Defendant for infringement of its copyright and trademark. The Court herein granted an interim injunction in favor of Plaintiff.  Following that, the Applicant/Defendant filed three petitions, each with a request to rescind the temporary relief granted on the basis of urgency. The appeal was predicated on the fact that the medications were in large quantities, had a one-year expiration date, and were in high
trademark registration process

Trademark Registration Process

What is trademark registration?  A trademark is a unique identity given to a particular business, service, product, or company that makes them different from the rest. These trademarks can be in the form of pictures, logos, name, holograms, or any other. The trademarks aid in establishing a unique brand identity in the market.  What are the benefits of online trademark registration?  A trademark gives a unique identity to your business in the market. It helps you in forming a brand and
Facebook-to-meta

FACEBOOK TO META

Facebook, which now seeks to be known as Meta, recently encountered an issue as it attempts to register the trademark. It has come to light that ‘Meta’ is already applied for as a trademark by an Arizona-based start-up; the founder of which Zach Shutt says that Meta PC first began using the brand for its range of products in November 2020 and has now applied for its registration before the United States Patent and Trademark Office. The said company is already
NFTs and Intellectual Property

NFTs and Intellectual Property

Non-fungible assets (NFTs) are basically digital copies of highly valued original work that exists on a blockchain. For encoding, software similar to many cryptos is used, and all the buying and selling happens online. The authenticity of all such assets is verifiable online since most of the buying happens through cryptocurrency or in dollars, all of which are recorded as a part of transactional records. While anyone can view the NFTs, the buyer has the status of being the official owner
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
TRADEMARKS AND THE INDIAN JUDICIARY

TRADEMARKS AND THE INDIAN JUDICIARY

Trade Marks have long been a long-fought battle through and through the Indian justice system. In the year 2021, we have some significant cases that came to the forefront that have been discussed below. – Decided by Delhi High Court on 1st September 2021 The plaintiff herein had been using the trademark “Rajdhani” for food products, condiments, confectionery, etc., having originally conceived and adopted it when they started their business. In due course of their business, they came across the defendants
Trademark-infringement-IN-india

INFRINGEMENT BY REGISTERED PROPRIETOR OF A TRADEMARK

In the case of Consolidated Foods Corporation v. Brandon and Co., Private Ltd. – AIR 1965 Bom 35, it was observed that “Priority in adoption and use of a trademark is superior to priority in registration”. N.R. Dongre and Ors. Vs. Whirlpool Corporation and Anr. – 1996V I A D(SC)710 In the instant case, the Hon’ble Supreme Court of India confirmed with the observation of the Division Bench which states that “From the aforesaid facts including the extensive advertisements of the goods
Filing of International Application through Madrid System

Filing of International Application through Madrid System

What is an International IP Registration? An International IP Registration allows applicants willing to seek protection for their IP in various countries by filing a single and uniform IP application form, and the IP can be registered in all member states to the treaty governing the international application system, through that single application.  The Madrid System The Madrid System for International Registration of Marks (the Madrid System) is governed by the Madrid Agreement Concerning the International Registration of Marks (the Madrid
gi registration lawyers in delhi

Geographical Indications and The Curious Case of ‘Basmati’

“A Geographical Indication (GI) is a sign identifying a good as originating in a specific geographical area and possessing a given quality, reputation or another characteristic that is essentially attributable to that geographical origin”. Accordingly, the main purpose of a GI is to establish an association between the quality, characteristics, or reputation of a good and its territory of origin. Although foodstuffs or agro products are usually where GIs tend to find most usage, it also extends to other items for
Intellectual-Property

Crucial Agreements Required by Technology-Based Start-Ups to Secure Intellectual Property

Technology-based start-ups essentially face several challenges that they must be prepared for, but intellectual property concerns are definitely at the top of that list. This is including but is not limited to, developing a product, hiring qualified employees, raising capital, and more. With all of these issues, intellectual property can feel distracting, expensive, or contrary to the goals of just getting a product to market before someone else does. The value of the intellectual property as an asset thus increases multi-fold.