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intellectual property rights

Trademark Pill for pharmaceutical industry

India has become a pharmaceutical capital of the world and is helping many countries with affordable drugs and vaccines. Our industry should be positioned to take benefit of new technology and changing laws and demographics. With life expectancy going up and lifestyle diseases increasing, prospects for the pharmaceutical industry is going up as well as people are sp..

Posted in articles |   2 comments |   369 Views

Harley Davidson scores big against Infringer

Motorcycle manufacturer Harley Davidson had accused company Sun Frog of selling counterfeit merchandise which included T-Shirts, Leggings and Mugs through an online portal last year. Now the motorcycle manufacturer has obtained 19.2 million dollars as damages from Sun Frog in a trademark infringement case. The court had granted..

Posted in articles |   3 comments |   330 Views

Intellectual Property: Your right to your ideas and their benefits

More often than not you stumble across an idea that is so groundbreaking, so mind-boggling that you cannot help but look for ways to reap profits from it. Now, this idea is your intellectual property, and no one else has the right to call it their own. Now, let us move on to a more traditional definition of int..

Posted in articles |   2 comments |   605 Views

The Evolution of Law on SHAPE Trademark in India

It is a general saying that 'A picture is worth a thousand words'. A Pictures casts great impression on the human mind. If a picture or shape is striking, then it lasts for a longer period of time in the memory of a man. The basic premise of law regarding the protection of trademark is evolved on the concept of associa..

Posted in articles |   3 comments |   853 Views

Monkey Selfie Case- Significance to Copyright Act, 1957

INTRODUCTION With the settlement [1] between David Slater i.e. wildlife photographer, and PETA another copyright dispute comes to an end leaving numerous unsettled principles and unanswered doubts. This makes Intellectual Property an indecisive, irresolute, unstable and unsteady concept. Despite being numerous ..

Posted in articles |   2 comments |   686 Views

How to Choose Trademark Class for Trademark Registration

Trademark Class is playing a very important role during the Trademark Registration. Non-legal background people always confuse about the trademark class like their business or brands are falling in which trademark class. so in this guide let you know all about the Trademark Class & how to choose the right trademark class. stro..

Posted in articles |   1 comments |   603 Views

Protecting Trans Border Reputation

A trademark is a visual symbol applied to an article with a view to indicate the trade source from which it comes. It can be a word, device, label, name, letter, numeral, brand, heading or colors. The purpose of the trademark is to distinguish goods or services of one origin from those of the others. It advertises the product and creates an image for it. As the tradem..

Posted in articles |   424 Views

Can Section 15 of the Copyright Act, 1957 be applied to an original artistic work of engineering drawing?

As an IP lawyer, let me write something on a burning issue related to an applicability  Section 15 of the Copyright Act, 1957 (herein after referred as the Act for short) to an original artistic work of engineering drawing.  span style="font-familyy:times,..

Posted in articles |   1 comments |   1025 Views

Tug of Trade mark War and Courts of law in respect of Permitted User

As an IP Lawyer, I become a witness of many IP battles in the battlefield i.e. court of law. One of the battles is in respect of the permitted user of the trade mark. Let me discuss it by way of writing this blog. The issue of this article is whether a permitted user of a trade mark can file a suit for infringement action or passing off action or can that permit..

Posted in articles |   196 Views

Can a suit for groundless threat be transferred to High Court under Designs Act?

As an IP lawyer I have come across an issue pertaining to transfer of a suit of groundless thereat under section 23 of the Designs Act, 2000 from District Court to High Court which stimulates me to write this blog. The question is whether a suit for groundless threat under Designs Act, 2000/a..

Posted in articles |   318 Views

Whether a title of a book can be registered as a trademark !

As an IP lawyer while reading one judgment, I inspire myself to write this article in respect of a subject that whether a title of a book can be registered as a trademark. The basic information pertaining for getting a trade mark registered is that that trade mark must not have been devoid of a distinctive character. It must be capable of distinguishing the goods ..

Posted in articles |   3 comments |   601 Views

Guidelines for obtaining the certified copies of the documents from the trademarks registry

In matters pertaining to intellectual property right, this had been routine practice to summon the officials of Trade Marks Registry in order to prove the registered trademarks or pending trademarks of parties, during the trial in a civil suit proceeding. In a recent Judgment dated 31.07.2017, passed by Hon'ble Mr. Justice Rajiv Sahai En..

Posted in articles |   774 Views

Should graphical representation of sound trademark be omitted ?

As an IP Lawyer, I am thinking to write something on sound Trademark. First of all it is correct to say that everyone is familiar with the words 'sound' and 'Trademark' in their individual capacity of word. The origin of sound i.e. 'Naad',   according to the mythology, first came into existence from the..

Posted in articles |   3 comments |   332 Views

No use of trademark, no remedy

As an IP lawyer, let it be informed that when a trade mark is not in use, no remedy is available for protection of that trademark on the ground of non use of it. In fact if it is proved that registered trademark is not in use, and it creates chaos, then, on the ground of non-use, such trademark is removed from register in respect of good or services for which it is ..

Posted in articles |   2 comments |   410 Views

Letter Trademark

 This article deals with the Trade Marks comprised of Letter. There may be cases where the Trade Marks is essentially of Letters. Letters are the most essential feature of the Trade Marks. There may be cases where Trade Mark is comprised of Single Letter. The letter Trade Mark, comprised of single letter and descriptive to trade, are considered..

Posted in articles |   1 comments |   1091 Views

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