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| News Letter Archive IP & IT Laws News Letter - 2008 January-2007 IPR News Letter MONTHLY OCTOBER IPR NEWS LETTER MONTHLY DECEMBER IPR NEWS LETTER | |||
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Indian Chartered Accountants
Intellectual Property
IPR & CRIMINAL REMEDIES Foreign Direct Investment in India
Law of Geographical Trade Marks Act,1999 India
Intellectual Property Rights- IPRs powers in Customs to curb import of fake goods Protection of IPR in India - A Presentation Foreign Direct Investment - In Real Estate in India - Scenario
Indian Union Budget 2007-08.pdf
INTELLECTUAL PROPERTY IN BULGARIA
:
http://www.ipbulgaria.com
Trade Mark Patent Design IT Laws Fee Structure |
® Discussion
PATENT
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Procedure for registration
Registration of T.M.
Infrigement of T.M.
Search of aT. M.
Faq on T.M.
Civil Remedies TRADE MARK A TRADE MARK IS A MEAN OF IDENTIFICATION OF YOUR GOODS. IT IS A SYMBOL WHICH A PERSON WISES IN THE COURSE OF TRADE, IN ORDER TO THAT HIS GOODS MAY BE DISTINGUISHED BY THE PURCHASING PUBLIC FROM SIMILAR GOODS OF OTHER TRADERS. REGISTRATION OF A TRADE MARK, UNDER THE TRADE AND MERCHANDISE MARKS ACT, 1958, CONFERS A STATUTORY MONOPOLY IN THE USE OF THAT TRADE MARK IN RELATION TO THE GOODS FOR WHICH IT IS REGISTERED AND THE OWNER HAS THE RIGHT TO SUE IN THE COURTS OF LAW FOR INFRINGEMENT OF THE TRADE MARK. SELECTION OF A TRADE MARK PROPER
SELECTION OF THE TRADE MARK IS NECESSARY FROM BUSINESS AS WELL AS LEGAL
POINT OF WIEW. FROM THE GENERAL BUSINESS POINT OF VIEW THE TRADE MARK SHALL
BE EASY TO PRONOUNCE, REMEMBER, ATTRACTIVE AND AS FAR AS POSSIBLE SHORT.
FROM THE LEGAL POINT OF VIEW, THE TRADE MARK MUST FULFILL ALL THE
REQUIREMENTS OF THE SECTION 9, OF THE TRADE AND MERCHANDISE MARKS ACT, 1958,
i.e. IT SHOULD NOT BE A PERSONAL NAME, SURNAME, GEOGRAPHICAL NAME, NAME OF A
TRIBE /CASTE OR REFER TO THE CHARACTER OR QUALITY OF THE GOODS. IT SHOULD
ALSO NOT BE LAUDATORY. A GOOD TRADE MARK SHOULD BE AN INHERENTLY DISTINCTIVE
TRADE MARK, PREFERABLY BE AN INVENTED OR COINED WORD. NEVERTHELESS, THE
ABOVE SAID TRADE MARK MAY BE REGISTERED IF THE SAME HAS BEEN USED FOR A
CONTINUOUS PERIOD OF AT LEASE 3 TO 4 YEARS. HOWEVER, GEOGRAPHICAL NAMES,
LOUDATORY WORDS REFERRING TO THE CHARACTER AND QUALITY OF THE GOODS ETC. CAN
NEVER BE REGISTERED. HONEST CONCURRENT USER IF IT
IS FOUND THAT THERE IS A RESEMBLING MARK ON THE REGISTER (OR ANY OTHER
PREVIOUS APPLICATION IS PENDING w.r.t. ANY SIMILAR MARK, THE TRADE MARK MAY
STILL BE REGISTERED ON PROOF OF THE HONEST AND BONAFIDE ADOPTION OF THE
TRADE MARK, AND SUFFICIENTLY LONG AND CONTINUOUS USER OF YOUR TRADE MARK AND
THE SAME SHALL BE SUBJECT TO THE SATISFACTION OF THE REGISTRAR OF TRADE
MARKS. THE PERIOD OF HONEST AND CONCURRENT USER IS NOT DEFINED IN THE ACT,
BUT TO GIVE YOU AN IDEA AND ADVISE YOU, IT IS SUGGESTED THAT THE TRADE MARK
MUST HAVE BEEN USED AT LEAST FOR A PERIOD OF 5 TO 6 YEARS FOR QUALIFYING FOR
THE REGISTRATION ON THE BASIS OF THE HONEST AND CURRENT USES. SEARCH OF TRADE MARK IF YOU
ARE PLANNING TO START A NEW TRADE OR INDUSTRY, AND WANT TO GET A TRADE MARK
ADOPTED AND REGISTERED, UNLESS YOU ARE QUITE SURE THAT THERE IS NO IDENTICAL
MARK ON THE REGISTER, YOU ARE ADVISED TO GO FOR OFFICIAL SEARCH OF YOUR
TRADE MARK FROM THE OFFICE OF THE REGISTRAR OF TRADE MARKS, BEFORE FILING OF
THE APPLICATION. TRADE MARK
APPLICATION FILING REQUIREMENTS
1. NAME OF THE
APPLICANT :
CO.
2. ADDRESS
:
REGISTERED
OFFICE
3. NAME OF THE
PROPRIETOR :
PARTNERS/ONE OF
THE
DIRECTORS OF
THE APPLICANT
COMPANY, WITH
FATHER’S
NAME
4.
COUNTRY/NATIONALITY :
OF THE
APPLICANT
5. SINCE WHEN THE
TRADE :
MARK HAS BEEN
FIRST USED
6. NATURE OF
GOODS :
MANUFACTURED &
MARKETED 7. IN CASE TRADE MARK IS DEPICTED IN STYLISHED /LOGO /ARTISTIC MANNER COPIES /BROMIDES OF THE TRADE MARK , ARE TO BE PASTED ON THE APPLICATION.
8. POWER OF ATTORNEY (TM-48/GENERAL POWER OF ATTORNEY), DULY SIGNED BY THE
APPLICANT OR AUTHORIZED REPRESENTATIVE / PRINCIPAL OFFICER OF THE
APPLICANT. WHERE A REPRESENTATIVE SIGNS THE CAPACITY OF SUCH REPRESENTATIVE
SHALL BE INDICATED. POWER OF ATTORNEY CAN BE FILED SUBSEQUENTLY ALSO. PRIOR USE IT IS
NOT NECESSARY TO USE A TRADE MARK IN INDIA FOR FILING AN APPLICATION FOR
OBTAINING REGISTRATION .THE APPLICATION CAN BE FILED FOR A PROPOSED TRADE
MARK, WHICH THE APPLICANT INTENDS TO USE IN FUTURE. CLASSIFICATION THE
TRADE MARK APPLICATIONS ARE FILED AS PER THE INTERNATIONAL CLASSIFICATION OF
34 CLASSES OF GOODS & SERVICES. SEPARATE APPLICATIONS MUST BE FILED FOR
DIFFERENT CLASSES OF GOODS, AND /OR DIFFERENT TRADE MARKS. TRADE MARK APPLICATION NO. AFTER
FILING OF THE TRADE MARK APPLICATION, AN APPLICATION NUMBER IS GRANTED TO
THE APPLICATION, AFTER ABOUT A PERIOD OF TWO MONTHS, NORMALLY. THIS
APPLICATION NO. IS OF SIX DIGITS .ON THE COMPLETION OF THE REGISTRATION
PROCESS THIS APPLICATION NO., BECOMES THE REGISTRATION NO. OF YOUR
TRADEMARK. ISSUE OF EXAMINATION REPORT AFTER
FILING OF THE APPLICATIN, AND ALLOTMENT OF THE APPLICATION NO., AN
EXAMINATION REPORT OF YOUR TRADE MARK APPLICATION IS ISSUED BY THE OFFICE OF
THE REGISTRAR OF TRADE MARKS, BOMBAY.THE TRADE MARK APPLICATION IS
THOROUGHLY EXAMINED BY THE REGISTRAR OF TRADE MARKS. THIS EXAMINATION DOES
NOT ONLY INVOLVE PRIOR REGISTERED MARKS OR PENDING APPLICATIONS, BUT THE
REGISTRAR ALSO CONSIDERS THE REGISTRABILITY OF THE TRADE MARK AS SUCH,
TAKING IN TO CONSIDERATION CONDITIONS LAID DOWN IN THE Sec.9 AND OTHER
PROVISIONS OF THE TRADE AND MERCHANDISE MARKS ACT, 1958,POSSIBLE PUBLIC
CONFUSION, REFERENCE TO THE CHARACTER AND QUALITY OF THE GOODS AND PUBLIC
POLICY ETC. REMOVAL OF OBJECTIONS AFTER
THE ISSUE OF THE EXAMINATION REPORT, THE OBJECTIONS, IF ANY, ARE REMOVED BY
TAKING LEGAL GROUNDS, TENDERING EVIDENCE (IF AVAILABLE) AND ARGUMENTS ETC.IN
CASE THE OBJECTIONS ARE NOT REMOVED, AN HEARING IS ALSO DEMANDED BEFORE THE
APPROPRIATE HEARING OFFICER IN WHICH ARGUMENTS ARE HEARD AND FURTHER
EVIDENCE IS TENDERED TO THE HEARING AUTHORITY. PUBLICATION IN THE TRADE MARK JOURNAL AFTER
ARGUMENTS AND EVIDENCE ETC., IF THE APPLICATION IS ACCEPTED, THE TRADE MARK
IS PUBLISHED IN THE TRADE MARK JOURNAL, PUBLISHED FROM BOMBAY. OPPOSITION AFTER
PUBLICATION OF THE TRADE MARK IN THE TRADE MARK JOURNAL, 4 MONTHS PERIOD IS
GRANTED TO THE GENERAL PUBLIC FOR OPPOSING THE REGISTRATION OF THE TRADE
MARK, AND IF NO OPPOSITION IS FILED, THEN THE REGISTRATION IS GRANTED. REGISTRATION CERTIFICATE AND DURATION IF NO
OPPOSITION IS RECEIVED IN TIME, CERTIFICATE IS ISSUED TO THE APPLICANT, WITH
RETROSPECTIVE EFFECT FROM THE DATE OF THE APPLICATION. TRADE MARK ONCE
GRANTED, REMAIN IN FORCE FOR A PERIOD OF SEVEN YEARS FROM THE DATE OF THE
APPLICATION. RENEWAL OF TRADE MARK THE
TRADE MARK REGISTRATION MUST BE RENEWED AFTER EVERY TEN YEARS, FROM THE DATE
OF THE APPLICATION. OTHERWISE THE TRADE MARK IS REMOVED FROM THE REGISTER OF
THE REGISTERED TRADE MARKS. TIME REQUIRED FOR THE REGISTRATION OF A TRADE MARK AS PER
THE PRESENT TRENDS AVAILABLE, REGISTRATION OF A TRADE MARK NORMALLY TAKES
MINIMUM OF 1TO 2 YEARS, BUT WHEN THE REGISTRATION CERTIFICATE IS ISSUED, IT
IS EFFECTIVE FROM THE DAT OF THE APPLICATION. IN CASE THE REGISTRATION IS
OPPOSED, THE REGISTRATION MAY TAKE EVEN MORE TIME. FILING OF TRADE MARK APPLICATION IN CASE OF LABEL
MARK/LOGO/ARTISTIC MARK, PLEASE SEND 40 LABELS/PRINTED
REPRESENTATIONS/BROMIDES OF THE TRADE MARK. NO REPRESENTATIONS ARE REQUIRED
FOR A WORD MARK. CAUTION DO NOT
USE THE SYMBOL OF “R””IN A CIRCLE” OR REPRESENT IN ANY OTHER MANNER OR CLAIM
THAT YOUR MARK IS REGISTERED, UNTIL FINAL REGISTRATION IS ISSUED TO YOU BY
THE REGISTRAR OF TRADE MARKS. SUCH FALSE REPRESENTATION IS PUNISHABLE WITH
IMPRISONMENT. NOTE
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