Scintillating Intellectual Property Blogs

I have been vigorously in search of a job as junior lawyer or advocate. As a Intellectual Property Law specialized advocate, I also came across many law firms of this discipline. While searching so, I got confused as there were two law firms which had similar names.  One is Rights & Marks (http://www.rightsandmarks.org/)  which is chennai based and has branches in other parts of the world also.  Another is Marks & Rights (http://www.marksandrights.in/)   which is Cochin based and has a branch  in London also. I was confused for a minute and started researching about the two firms. Being IP law firms, they have given me some words to fill in this space. I hope all would be aware of Trademarks, which is a source identifier of the brand. Trademark has always been a source identifier or denotes the origin of the brand. This is the theory that has been believed for many years. But there is another new concept called Dilution of trademark.  Don't the above law f

I cannot guess whether dream has come true or some miracle has happened. Yesterday night I was thinking of classification of goods and services for registering trademarks, as to why there is no proper and elaborate explanation of those goods or services. Rather than saying elaborate, I would suggest to explain it in a very simple english (But most of the laws in India are complex !!!!). I filed an application to register trademark recently for an online shopping site. I did not know whether it comes under goods or services, perhaps it is a service where in the shopping site sells books to consumers,  therefore I was adviced to file it under Class 35 which includes Advertising, Business Management, Business Administration, Office Functions along with Explanatory notes. If this is the case, then why some sites are registering in the Goods Class also when they are not manufacturing that good. For eg., India's Popular Online Shopping Site Flipkart.com has registered its Trademark

In the previous post we had a general introduction of what Trademark is, its role and the protection available to the brands. Going ahead, next is about the prerequisites of filing procedure. Filing a trademark application is an easy process if the following  prerequisites or homework is done.  Select a unique name or mark or logo or symbol or sign or caption. Otherwise if you are already using a mark or name or sign or anything else, go ahead for registration of the mark provided you have used or using such mark.  After selecting, make an online search in the Trademark Registry provided in Public Search  http://ipindia.nic.in/tmr_new/default.htm  , to avoid discrepancies in future.  Find out the type of business the company or organisation is running for which they want to register the trademark.  Based upon the findings, you will have to identify under which class of goods or services the business fits. There are totally 45 classes (Classes 1- 34 fall under Goods and  Cl

Whats in a name???????????  As we all have a name to be called, identified, so is with the products and services, and for that product, rather a simple name or mark or logo or symbol is enough to act as an indication of source.  While learning Trademark as a subject in my masters we had a whole picture of what and how trademark helps business and in other commercial areas theoretically. But when an application is to be filed to register a trademark it is entirely different from that of theoretical knowledge.  What is a Trademark? A mark used in course of trade is known as Trademark. The Trademark Act gives  an exclusive right to the mark owner and has the right to sue the infringers for using similar mark or using a confusingly similar mark  which creates confusion in the mind of the public. Trademark registration is not mandatory perhaps, if it is registered the mark owner has the right to file an infringement suit and if the mark is not registered then the mark owner can fi