Trade Mark Registration in India

A trade mark is a form of industrial property that may be defined as a symbol in the form of a word, letter, numeral, signature, name label, ticket, sound etc. capable of being represented graphically and which are applied to articles of commerce in order to distinguish the goods and services of one business entity from those of another.
Before selecting a trade mark the registrability of a trade mark is to be determined in order to ensure that the trade mark is good for registration. Generic marks describing the goods or service are not registrable. Invented words or coined words are considered good for registration.
A search is to be conducted in order to determine whether there are any similar or deceptively similar trade marks on record.
For Trade Mark Registration the owner of the proposed trade mark needs to file a trade mark application at the Trade Marks Registry along with the prescribed fee. Subsequently, a document containing the trade mark number is issued by the Trade Marks Registry.
The Trade Marks Registry then examines the application and raises its objections, if any. The applicant must meet the objections vide a suitable reply. An affidavit may also be required to be filed, evidencing the use of the trade mark. In case the Trade Mark Registry requires any further clarifications a hearing may be fixed. Finally, after all the objections are waived, the trade mark is accepted for advertisement and advertised in the Trade Marks Journal.

Any aggrieved third party may initiate an opposition, vide a notice of opposition within the prescribed period, after the trade mark is advertised, contesting the registration of the trade mark .The applicant must then file a counter statement within two months of receipt of the notice of opposition. Thereafter the opponent may file his evidence vide an affidavit of evidence in support of opposition. Subsequently, the applicant will have to file their evidence vide an affidavit and the opponent must file an evidence in reply. Finally, the matter is heard and adjudicated.

In case no opposition is filed or the opposition is heard and decided against the opponent, the trade mark is registered and entered in the register of trade marks.

The proprietor of a trade mark may also transfer his trade mark to any third party by virtue of an assignment deed. A registered trade mark is to be renewed every ten years by paying the prescribed renewal fee.

Trademark Lawyer India

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Trademark Lawyer

In Trademark , our achievement has published as shown , we are very much hopeful to serve like such in near future.

Trademark Lawyer

In Trademark , our achievement has published as shown , we are very much hopeful to serve like such in near future.

Cisco in legal battle for infringement of Patent

Mosaid Technologies an Intellectual Property Licensor is attempting to stop the importation and sale of some of Ciscos products in the United States of America. Mosaid is claiming that Cisco’s Power over Ethernet (PoE) switches and routers, PoE IP Phones, VOIP cable Modems and other products infringe six of its patents. The Canadian company has filed its complaint against Cisco at the International Trade Commission (ITC).
Mosaid released a statement stating that they filed the complaint because they believed that Cisco is infringing Mosaid’s patents and that they are determined to protect their intellectual property rights.
This is not the first time that Mosaid and Cisco have been involved in a legal dispute. The two Companies are already embroiled in litigation over some of Mosaid’s Patent in the United States District Court of Delaware, which was filed by Cisco last year. Interestingly, the six patents were also in consideration in the Delaware case.
Mosaid is based in Ontario, Canada and is a renowned patent owner and licensor of inventions relating to communications system patents and is also actively involved in developing semiconductors.
Previously, Cisco had been ordered to pay $112,000,000 to Network 1 Security Solutions last year in a Power over Ethernet (PoE) infringement case.
Summary: Mosaid Technologies, a Canadian based intellectual property licensor, has sued American giant Cisco for patent infringement. The two companies were already litigating, over some of Mosaid’s patents. Now, Mosaid, has filed a complaint at the International Trade Commission (ITC) to stop the importation and sale of some of Ciscos Products into the United States of America.

Indian Patent Office increases transparency by releasing working details of drug Patents to the public

In a move to ensure greater transparency, the Indian Patent office will publish details of drug Patents in India. At present in India, Patent holders are required to furnish a Form 27 detailing the commercial use of the product, the amount of local sales, the amount of import and whether the supply of the product is meeting its demand. This is to ensure that the patent is being used commercially up to its optimum utility and that the demand for these medicines is being met. Right to Information inquiry revealed that many drug makers did not disclose all the relevant information required to be furnished under Form 27 and also failed to file the Form on some occasions. Failure to file Form 27 is punishable under the Indian Patents Act.
In India a monopoly right for 20 years is granted to patent holders for their drug patent. However in case the government is satisfied that the patented drug is not meeting the public need, then a compulsory license may be granted to a third party in order to ensure that the need of the public are met. This may open the doors to companies wishing to provide the drug to a larger number of people at a lower cost. Now local drug makers will have easy access to all the information regarding patented drugs and may apply for a compulsory license if they find that any drug is not meeting the pubic need.
Summary: The Indian Patent office will make known to the public all the details of drug patents granted in India. Now local drug makers will find it easier to know, whether there are any patented drugs which fail to meet the public need and may thereby obtain compulsory licence in order to sell the drugs at a lower cost.

Huawei gets sued by ZTE over 4G patent infringement.

In what is becoming common place in the technology sector, Chinese company ZTE have sued their competitor Huawei Technologies Company Limited, hailing from the same country, over their LTE or long term evolution technology patent.

Both Huawei and ZTE are Asian Companies spreading their services from Asia to Africa and now trying to make inroads into the European market as well. The suit by ZTE was initiated against Huawei after Huawei initiated a similar suit concerning patent infringement of their data card and LTE in some European countries.

Analysts are claiming that this seems to be a move by the companies to compete against each other not only in the market place but also in the court rooms. Huawei is one of the leaders in the mobile phone network sector. ZTE has reportedly revealed that they will protect their intellectual property rights even though they believe that patent competition must not be the main criteria for competing in the industry.

ZTE has also been sued by Ericsson in Great Britain for infringing their patents. Ericsson is also planning to sue ZTE in some other European Countries as well. Other technology companies such are also resorting to law suits to force royalty payments and compete in the market.

Summary: Chinese technology company ZTE has sued their Chinese competitor Huawei Technology Company Limited claiming that they have infringed their long term evolution technology patent. This seems to be a move by ZTE to protect its Intellectual Property at all costs although it is being seen by some analysts that it may be retaliation against previous litigations being initiated against the company by Huawei.