trademark registration

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
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.
Anti-Dissection-Rule-in-Trade-Marks

Anti-Dissection Rule in Trade Marks

Trademarks play an important role whenever there arises a topic of conversation on the state of a business or brand and its success. This unique identification may be based on the colour scheme, logo, brand name, a certain way of representing the said name and logo, etc. That establishes the ground for the argument that trademark registration is the foundation to effective branding strategies. Registration and enforcement of trademarks however remain complicated processes that regularly encounter roadblocks whereby companies both big

PRIVATE EDUCATIONAL INSTITUTIONS AND PATENTS – A NEW WAKE OF OPPORTUNITIES

Intellectual Property (IP) is an extremely significant asset to a nation. The value of a nation in the global economy is often determined by its strength in the field of IP. Thus, the IP laws of a developing country like India must keep pace with the changing times and promote prosperity and protection of rights by way of its laws. For IP rights holders, times like these are especially challenging, and a fortified IP scheme could infuse some energy for recuperation/best
trademark-registration-in-chandigarh

GLOBAL ECONOMY AND TRADEMARK RIGHTS –

INTRODUCTION: If a global market is taken into account, the scope of use and protection of trademarks extends beyond the basic standards for trademark infringement; that means, the usual ‘likelihood of confusion’ parameter is not apt to judge the case. When we speak of well-known marks, both the perspectives – one, from that of the owner of a well-known mark and two, from that of a new entrant into the market – this becomes even more apparent. There exists no ‘global
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
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
LAW RELATING

LAW RELATING TO PIRACY OF DESIGNS IN INDIA

Intellectual Property refers to the works created by the human mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce. These intellectual properties are protected in law by means of patent protection, copyright, trademarks, etc. This protection helps the innovators to earn recognition for their work and also earn financial benefits. It also protects copying and infringement of the work. By creating a balance between ideas of the creators and wider public interest, Intellectual
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

 

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