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Expert guidance on Trademark, Patent and Copyright for Indian businesses — straight from our team.

292 articles Page 5 of 15

Conundrum Of Distinctiveness – Can Protection Be Granted To N95 As A Trade Mark?

The Hon’ble Intellectual Property Appellate Board (the “IPAB”) recently in the case of Sassoon Fab International Pvt. Ltd. v. Sanjay Garg, ordered an interim stay of operation of registration of the mark “N95”, stating that N95 is a generic term. The petition for order of stay of operation was filed by Sassoon Fab Pvt. Ltd.

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Theory of Passing Off In Trademarks

Before directly diving into the concept of passing off under the trademark, let us understand as a layman what does the term “trademark” means and how the offence of passing of is committed against a trademark. A trademark can be said to mean any word, symbol, abstract, mark, slogan or a mixture of all or

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Who can file patent for you in India?

Who can file patent for you in India? Who is a Patent Agent? And how can you become a Patent Agent? Who is a patent agent? A patent agent is a licensed professional who assists the inventors with the patent applications involved in their invention. In India, patent prosecution can only be done by a

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What is Corporate Identity Number (CIN)

What is CIN number ? how to check company details in India? Introduction Corporate Identity Number or CIN is a distinct identification number for the company allotted to the company in India by the Registrar of Companies (ROC) under the Ministry of Corporate Affairs (MCA) upon its incorporation. It is generally a 21-digit alpha numeric

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What is Trademark passing off?

Introduction to what is Trademark Passing Off A trademark in reference to goods conveys to the public and specifically to the consumers about the origin and quality of these goods, thereby acquiring reputation within the course of business and time. Therefore the concept of a trademark is that the foundation of one’s business to differentiate

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Brief about Copyright and Copyright Infringement

what is copyright / Company360.in In today’s business, the most valuable assets are not just products but Intellectual property that protects those products . Intellectual Property, in literary sense, means the things which emanate from the exercise of human brain. It is divided in two broad categories namely Industrial Property and Literary Property. It is

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Patent Renewal in India

Patent Renewal in India – How to keep your patent valid for 20years / How to restore lapsed patent The Indian Patent Act requires patent holders to pay a renewal or maintenance fee to keep their patents in effect for the full period of time. After the grant of the patent, each patent holder will

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How and who can file Trademark Infringement case ?

Trademark is important for any business for building a brand and its brand image in the mind of customers to gain their trust and brand recall easily. Infringing trademark rights means taking undue advantage of that business brand value. It becomes important for businesses to know about the trademark infringement to avoid such things. This

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What are grounds of trademark infringement in India?

Section 1(zb) defines a trademark as mark capable of being represented graphically and which is capable of distinguishing the goods or services. In simpler terms, they are the rights bestowed to the proprietor for a unique and distinguishing logos, design etc. Section 29(1) talks about infringement of a registered trademark by a person who, not

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Who can be honest concurrent user in trademarks

Trademark is a kind of intellectual property rights representing a symbol, word or words unique to a product or company which is registered under Trademarks Act, 1999. It grants protection to the registered owners against others to misuse their unique identity. Any person who uses similar or identical registered marks with the intention to deceive

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Patent assignment deed for dummies

Patent is an exclusive right granted for an invention. It grants the inventor a monopoly right to his invention . Patent Assignment Deed is an agreement whereby it lists out the rights and obligations of the assignor and assignee with respect to patented product or process. This agreement transfers the monopoly rights of the assignor

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Requirements Of Trademark User Affidavit during trademark registration

Registration of trade mark involves various procedures and several documents that are to be submitted at Trademark registry, some of those documents are not even explicitly mentioned in the Indian Trade Marks Act, 1999 and Trade Mark Rules formulated from time to time for this purpose. By way of online trademark application, the trade mark

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What is the Criteria For Well Known Trademark

Trademark is a symbol, logo or word which is unique and is used to represent a company, business or any product. Once the trademark is registered, other companies or businesses cannot use it as long as that organisation is in use. Patents and trademarks are different from each other as patents are given for 20

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FSSAI license requirements, rules and benefits

FSSAI which is known as the Food Authority of India is the acronym for the Food Safety and Standards Authority of India . It is the organization that ensures…

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Forms required for Patent Filing in India

###Governing provisions: The Patents Act, 1970; and, The Patents Rules, 2003. ###Forms available at: All the forms which are used in the patent filing process can be accessed from the following: http://www.ipindia.nic.in/form-and-fees.htm ##Details of forms required for patent filing: 1. At the time of filing: Form 1 – Application for Grant of Patent. Form 2

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How to sell Copyright in India

##What is Copyright? Copyright is a type of Intellectual Property Right Protection that help to protect the intellect of human creation. Copyright law provides exclusive and monopoly right to the creator/ author/owner of ‘original’ literary, dramatic, musical, artistic works, cinematograph film. Computer software is considered literary work; hence it is also protectable under copyright. ###How

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What is a honest concurrent user of a trademark

In most of the jurisdictions, the law governing trademark provides for an honest concurrent user of a trademark to co exist with another similar mark. The defense of such thing by a user was conceived mainly in these two cases first is DENT VS. TURPIN. In this case it is determined that two users of

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Minimum Requirements for any subject matter to get copyright registration successfully

According to Oxford Dictionary in 1856, the word ‘copyright’ is derived from the expression ‘copies of words’. ###SUBJECT MATTER OF COPYRIGHT Copyright subsists only in certain classes of work. They are: • Original literary, dramatic, musical and artistic work; • Cinematographic films; and • Sound recording. Qualifications for Copyright subsistence:- In order to qualify for

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