Category Archives: Trademark

Patent Trademark

Patent, Trademark Filing goes the E-way!


In keeping with the trend of adopting all things, ‘E’ and making systems more time e-fficient and e-z…. the Indian Government has introduced the e-filing system for patents and trademarks. E-savvy indeed! An article in The Hindu reports The Government has launched a facility for e-filing of patent and trademark applications to speed up the process of securing exclusive rights over a product or trading symbol. “With the launch of e-filing facilities, applicants can file their patent and trademark applications…


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Trademark

Genome Valley Bags Certification Mark


Chandrabbau Naidu, the Ex-Chief Minister of Andhra Pradesh can wear the moniker ‘Biotech Babu’(‘Babu’ is the Indian honorific for a senior officer) with aplomb and pride. Having spearheaded the Bio-Renaissance in the state, that placed the City of Hyderabad on the Biotech world map, the State ,thanks to the Babu ,has become the forerunner in producing cutting edge innovation and R&D in the fields of bio-all. Bio-all that encompasses the field and flurry in the areas of bio-informatics, medics, agriculture…


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Copyright Trademark

COPYRIGHT OVER FILM TITLES?


An excellent summary of a recent decision dealing with copyrights over film titles from Manisha Singh, Partner at Lex Orbis, one of the prominent IP law firms from India (as extracted from an IBA newsletter). The decision seems a sound one–as I can’t imagine a court protecting a mere new title as a “literary work” or as operating as a trademark (particularly when it is a new film that hasn’t been advertised for long or is not part of a…


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Trademark

Protecting Wal-Mart’s Trademark in India


India’s first Wal-Mart store isn’t slated to open until next August. Yet the battle lines for protecting intellectual capital are already being drawn. The Delhi High court has injuncted a Delhi based Indian firm from using Wal-Mart as either their trademark or trade name on the ground that the same infringes the trademark of Wal-Mart. The Delhi based Indian firm used Wal-Mart as their trademark in the Indian market. Aggrieved by this, Wal-Mart filed an injunction petition before the Delhi…


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Trademark

Delhi High Court adjudicates on the “grey” area of parallel importation


Indian courts have always towed the ‘ambiguous’ line on the issue of parallel importation in intellectual property matters – never obviously or directly pronouncing a verdict that grey market goods are “infringing” goods under the Trademarks Act, and instead granting injunctions against their imports on the basis of violations under the Standards of Weights and Measures Act, etc. A 6th September order of the Delhi High Court in Samsung Electronics Company Ltd. And another v. Mr. S. Sahani [CS(OS) 1603…


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Trademark

Zippo shape mark protected by Indian court


Zippo Manufacturing Company, the world-famous manufacturer of windproof lighters that shot to popularity in World War II and have been iconised in Hollywood ever since, was awarded a shape mark registration in India for the unique shape of their lighters. This registration, under No. 714368 in Class 34 comes close on the heels of an earlier USPTO registration for the same shape granted in 2002, which is yet to test the waters in a court of law. Within about seven…


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