Amended Indian Patent Rules 2024 comes into force from March 15, 2024
Selvam & Selvam
by Editorial Staff
3d ago
The Patents (Amendment) Rules, 2023, initially circulated on August 23, 2023, for discussions and consultations with stakeholders, is now being notified and are officially in effect from March 15, 2024. The amendments tackle significant issues raised by patent filers in India, particularly regarding annual working statements, patent working details, Form 3 submissions concerning corresponding foreign applications, prosecution document filings, timeline extensions, and condonation of delays. Key Amendments:    –  Request for Examination (RFE): The deadline for filing an RFE has b ..read more
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Understanding well-known trademarks application in India
Selvam & Selvam
by Editorial Staff
7M ago
In 1977, the Whirlpool Corporation (hereinafter, “Whirlpool Corp.”) failed to renew their trademark ‘WHIRLPOOL’ in India, causing the registration to expire. While Whirlpool Corp. had been using its trademark since 1937, and secured registration of their trademark in India on 1956, however, their failure to renew it in 1977 proved to be a mistake as it enabled N.R. Dongre and others to register the trademark ‘WHIRLPOOL’ in 1988. Fortunately for Whirlpool Corp., it was noted by the Court that their trademark ‘WHIRLPOOL’ was a well-known trademark, and therefore, an injunction was granted in the ..read more
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Use of a trademark as keyword in Google’s Ad Programme amounts to Use and Constitutes Infringement – Delhi High Court
Selvam & Selvam
by Editorial Staff
7M ago
The Appellants, Google India (P) Ltd., is a non-exclusive reseller of the Google Ads Programme in India, whereas the Respondents were DRS Logistics (P) Ltd., and Agarwal Packers and Movers (P) Ltd., who are leading packaging, moving and logistics service providers in the country. This case, Google LLC v. DRS Logistics (P) Ltd., (FAO(OS)(COMM) 2 of 2022), involved a dispute as to whether displaying/ encouraging the use of a registered trademark of the Respondent to display third party’s website links, which were infringing the Respondent’s trademark, amounts to infringement. The Court’s ruling ..read more
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Interpretation of Section 16(1) of the Indian Patents Act in Syngenta Limited vs. Controller of Patents and Designs
Selvam & Selvam
by Editorial Staff
7M ago
The legal case of Syngenta Limited vs. Controller Of Patents And Designs revolves around the interpretation of Section 16(1) of the Indian Patents Act. This section pertains to the power of the Controller to make orders regarding the division of patent applications, specifically focusing on scenarios where a divisional application is filed to address objections raised by the Controller. The case raises questions about the requirement of containing claims relating to multiple inventions in the parent application and its applicability to both suo moto and Controller-objection-based filings. Back ..read more
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Summary and Analysis of The Draft Patents (Amendment) Rules, 2023
Selvam & Selvam
by Editorial Staff
7M ago
The Ministry of Commerce and Industry has recently released The Draft Patents (Amendment) Rules 2023 for public comment. Interested parties can submit their feedback. Key Proposed Amendments: Frequency of Working Statement Submission: Current Rule: Annually (every financial year). Proposed Change: Every three years. Opposition Filing Fee Structure: Current Rule: No fee for pre-grant opposition and a standard fee of INR 2400 for post-grant opposition (for specific entities like startups). Proposed Change: A cumulative fee based on multiple criteria such as the type of application, specification ..read more
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Service of notice is completed when it is received by the party, not as soon as it is sent by the Trade mark office
Selvam & Selvam
by Raja Selvam
7M ago
Ramya S.Moorthy vs. the Registrar of Trade Marks When a trademark application is filed and subsequently accepted by the Trademark Office, it doesn’t mean an immediate registration. Instead, the accepted application is published in the Trademarks Journal for third parties, who might have concerns or disputes about the trademark, to come forward and oppose the application. Trademark Oppositions: If a third party files an opposition with the Trademark Office, it is a mandatory requirement of the Trademark Office to communicate the same to the applicant. This communication is important as it allow ..read more
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A judicial lens on controversial IP realities in India
Selvam & Selvam
by Editorial Staff
8M ago
In a recent order passed on August 3, 2023, the Delhi HC in Ravi Manchanda v. Registrar of Trademarks rather scathingly pointed out a glaring error in an order passed by the Senior Examiner of Trademarks. In a case that was described as ‘sui-generis’, the Hon’ble Judge drew attention to a critical discrepancy – the absence of the impugned “order” in the communication sent to the concerned parties. The Appellant’s predicament arose in July 2018, when they received what appeared to be a blank order. Instead of informing the Examiner that the order was blank, the Appellant instead wrote to him th ..read more
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Can’t sue for trademark infringement, but passing off remains an option if trademarks of both parties are registered rules Kerala High Court
Selvam & Selvam
by Raja Selvam
8M ago
The case involved a dispute between Wipro Enterprises Ltd., the registered owner of the trademark “Chandrika,” in respect of goods covered in class 3, and M/S Mariyas Soaps and Chemicals, the registered owner of the trademark “Chandra” in respect of goods covered in class 3. The court’s ruling sheds light on the rights and limitations of registered trademark owners and the grounds for seeking relief in cases of similarity between registered marks. Wipro Enterprises Ltd., a well-known company, has been marketing ayurvedic soaps under the trademark “Chandrika” since 1940. In contrast, M/S Mariya ..read more
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Copyright Societies directed to refrain from collecting royalties for musical performances and sound recordings during marriage functions
Selvam & Selvam
by Ramani KS
8M ago
The Copyright & Design Section operating under the Department of Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce & Industry, Government of India by Public Notice dated July 24, 2023 has addressed concerns surrounding the alleged collection of royalties by Copyright Societies for musical performances and sound recordings during marriage functions. These concerns primarily center around potential infringements of Section 52 of the Copyright Act 1957, which precisely delineates specific actions that do not constitute copyright infringements. Notably, within Section ..read more
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Trademark Infringement and Unfair Trade Practices: The Calvin Klein Case
Selvam & Selvam
by Ramani KS
8M ago
In this article, we delve into the intricacies of the Calvin Klein case, ( COTY GERMANY GMBH Vs XERYUS RETAIL PRIVATE LIMITED & ANR. ) exploring the Court’s findings, and the implications of such actions on brand reputation and consumer trust. The plaintiff’s trademark “Calvin Klein” was established and adopted in 1967, deriving its name from the founder. Since its inception, the plaintiff has extensively utilized both “Calvin Klein” and the abbreviated form “CK.” Over the years, the plaintiff has successfully marketed a diverse range of highly popular fragrances, including notable ones li ..read more
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