Scintillating Intellectual Property Blogs

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 ...

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 ...

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 th...

This is the 11th World Intellectual Property Day.This years theme is "Designing the future".On account of this day I wish the whole Intellectual Property Practitioners and the one who belong to intellectual property family  a very Happy World Intellectual Property Day :) As per the theme lets design the future that's suitable for the environment and which strikes a balance between the public interest and the private interest as well :)

We will be answering some of the “wh” questions in the forth coming international conventions.Wh questions are why,where,when,what,which,how.To begin with, Paris convention was one of the first and foremost international conventions that was convened for protecting industrial properties which is now known as intellectual property. Position Prior to Paris convention The position of law to protect industrial properties differed in each and every country before Paris convention came into existence.Mainly with respect to patents there were widely varying rules in countries. For eg.- in some countries technical disclosures of patent were held until the term of patent expired            - some countries published the patent as soon as it was filed, and             - in some countries it was published after granting patent to such inventions. So when one ...

In the previous post we saw what is law and international law.Now we will get to know what is intellectual property and its international aspect.Intellectual property is an area where every business is rushing to protect , either it is an MNC or SME or R&D etc. Intellectual property is now prevailing almost in all kinds of things that we use in our day to day life for eg. be it a mobile,TV, noodles,apparel,pen,pencil and the list is endless.Earlier "intellectual property" was commonly known as industrial property. It was in the late 19th century that the term intellectual property replaced industrial property which was coined by Josef and Edmond Picard.It is called as intellectual property since such property is created by a human mind or intellect.Lets explore briefly as to what is property before getting to know what intellectual property is? Property means one which confers bundle of rights through ownership and possession and there is also exclusive right over such ...

I have been pursuing Intellectual Property Laws Course for the past 1 year but today's class was wonderful which every Lawyer should know about.It was a basic introduction of what law is. As we are going to explore the area International Intellectual Property Rights i.e in an international level it is necessary to know basics of what law is ,its purpose etc.So far in previous classes we dealt with municipal law i.e laws within the country.For eg. Indian Patent Act,1970 Indian copyright act,1957 etc.We will now go through definition of law and deal later with the international aspect of IPR. So,what is law? Law is set of rules or set of principles which is a common answer given by the students.It is advisable that whenever you go through any definition of law or definition in any area,the first thing is to find its source because definitions should always be authentic.Today we discussed two definitions which was given by Salmond and Austin who belong to Positive school of thoughts...