Tag: trademarks

IP Trends

The Future of Intellectual Property Law in India: Trends and Predictions

An Overview of Key Developments and Changes in India's IP Landscape As India's economy continues to grow and evolve, so too does its intellectual property (IP) landscape. From new laws and regulations to shifting market trends and emerging technologies, the future of IP law in India is constantly evolving. Here, we take a closer look at some of the key trends and predictions shaping the future of IP law in India. The Rise of Digital IP One of the biggest trends in IP law is the rise of digital IP. With the growing use of digital technologies, including the internet, social media, and e-commerce, businesses are increasingly relying on IP to protect their online assets. In India, this has led to a surge in digital IP-related legal cases, including trademark and copyright infringement, domain name disputes, and cybersecurity breaches. Increased Focus on Patent Protection Another trend in IP law is…

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What are Intellectual Property Rights?

Intellectual Property (IP) encompasses intangible assets such as patents, copyright, trademarks, industrial design, geographical indications, and trade secrets. Intellectual Property Rights are conferred to the intellectual property owners to restrict others from copying their creations. The creations could be inventions, books, music, songs, brand names or trademarks, product designs, confidential information, etc. Depending upon the type of intellectual property, protection may be conferred automatically for a few, and for others, the intellectual property owner must apply for protection in desired countries. Types of Intellectual Property (IP) Protection Types of ProtectionTypes of Intellectual PropertyAutomatic ProtectionCopyright (advisable to register) Trade Secrets (however steps should be taken to keep the information secret)To Be Applied for ProtectionPatents, Trademarks, Industrial Designs, and Geographical Indications. One Product – Multiple Intellectual Property Rights Depending upon the subject matter involved, a product includes multiple intellectual property rights i.e., a product can have underlying intellectual property right protection under…

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Does Your Brand Name Qualify as a Trademark?

Your brand name should be capable of distinguishing your product or service from others and it can include: sign;symbol;design;word;colour;any combination of the above; However, your brand name cannot be: descriptive of your goods or services;3-dimensional shapes forming part of your brand name, for example shape of an apple for apples;deceptive;contrary to public order or morality;state symbols, flags, names and emblems; Additionally, you must also identity if the brand name you wish to protect is still available for use i.e., you must conduct an exhaustive search to verify if anyone has already registered identical or similar brand name for trademark protection for similar goods or services. As your trademark attorney, we can carry out the trademark search for the availability of your brand name and help you file the trademark application for registration. For more information or assistance, you can reach us at [email protected]  

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Registering Your Trademark Overseas – Madrid Route

Registering your trademark in India offers protection for your brand only in India and not in any other country. If yours is a business that has a multi-national presence, then you must consider filing your trademark in all those countries to secure your brand to protect your business interests in the global market. Indeed, filing a separate trademark application in multiple countries is both time-consuming as well as a costly exercise. However, by virtue of India being a member of an international treaty ‘Madrid Protocol’, you can protect your brand name in 100+ countries around the world in a simple and cost-effective process. The Madrid system allows you to file a single application along with one set of fees for multiple countries and it also allows you to modify, renew or expand your trademark protection in additional countries via a centralized system. If you are interested in finding out more…

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International Trademark Registration Process – Using Madrid Protocol

The Madrid Protocol aims to simplify the international trademark registration process by allowing brand owners to file a single application with one set of fees for trademarks in 100+ countries around the world. Image Source: World Intellectual Property Organization (WIPO) The process involved in obtaining trademark registration using the Madrid Protocol route includes three main steps. They are: For more information or assistance, you can reach us at [email protected] 

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Recent Discussions

Interpretation of Section 3(i) of the Indian Patent Act, 1970 in the Context of Non-Invasive Prenatal Testing
October 13, 2023

Introduction The advent of Non-Invasive Prenatal Testing (NIPT) has revolutionized prenatal diagnostics, enabling expectant parents to assess the genetic health of the fetus…

Recent Discussions

Branded Medicines vs. Generic Medicines: The Role of Patents
September 8, 2023

In the pharmaceutical industry, the distinction between branded and generic medicines is an essential one. Understanding this distinction is crucial not just for…