High Court of Delhi at New Delhi | Decided: 12 December 2019 W.P.(C) No. 7 of 2014 & CM APPL. 40736/2019 Bench: Hon’ble Justice Prathiba M. Singh Citation: 2019 SCC OnLine Del 11867 Background Ferid Allani, a citizen of Tunisia, filed a patent application bearing No. IN/PCT/2002/00705/DEL through the Patent Cooperation Treaty route, seeking grant
Distinctiveness is the soul of a trademark. It is the quality that separates a protectable brand identifier from an ordinary word, symbol or device that belongs to the common stock of language and commerce. Without distinctiveness, a mark cannot perform the essential trademark function the identification of the commercial origin of goods or services and
The Concept of Distinctiveness in Indian Trademark Law Read More »
A trademark, once registered, is a species of personal property. Like other forms of intellectual property, it is capable of being owned, transferred, mortgaged, licensed and dealt with in all the ways that the law permits in respect of movable property. The transfer of ownership of a trademark wholly or partially, with or without the
Trademark Assignment – Requirements and Procedure under the Trade Marks Act, 1999 Read More »
A trademark is not merely a badge of origin it is a commercial asset of potentially enormous value, capable of generating revenue far beyond the direct sale of the goods or services to which it is attached. The mechanisms through which that value is extracted and shared between the proprietor of the mark and third
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If the specification is the heart of a patent application, the claims are its spine. Every structural decision in the specification how the invention is described, what embodiments are disclosed, which prior art is distinguished ultimately serves the claims, because it is the claims alone that define the legal boundary of the monopoly that the
Claim Drafting for Indian Patents – Types, Scope and Strategy Read More »
The specification is the heart of a patent application. Every other element of the application the claims, the abstract, the drawings derives its meaning and its legal validity from the specification and the quality of the specification determines, more than any other single factor, both the prospect of grant and the value of the patent
Specification Writing in Indian Patent Practice – Complete and Provisional Read More »
Few provisions in the entire canon of global intellectual property law have attracted as much sustained attention, controversy and scholarly debate as Section 3(d) of the Patents Act, 1970. In the two decades since India inserted this provision into its patent statute as part of the 2005 amendment that brought the country into compliance with
Section 3(d) and the Evergreening Debate in Indian Pharma Patents Read More »
High Court of Delhi at New Delhi | Decided: 13 April 2009CS (OS) No. 1682 of 2006Bench: Hon’ble Mr. Justice S. Ravindra BhatCitation: 2009 SCC OnLine Del 835 | (2009) 40 PTC 694 (Del) Background Warner Bros. Entertainment Inc. and its associated and affiliated companies are among the world’s largest producers and distributors of cinematographic
Warner Bros. Entertainment Inc. & Ors. v. Mr. Santosh V.G. Read More »
High Court of Judicature at Bombay | Notice of Motion No. 230 of 2015 in Suit (L) No. 957 of 2014 Decided on 20 July 2016 Judge: Justice A.K. Menon Citation: 2017 (69) PTC 79 (Bom) Background Raymond Limited is a company based in Mumbai and is the successor to Raymond Woollen Mills Limited. It
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Delhi High Court | CS(OS) No. 41/2008 | I.A. No. 279/2008 Decided on 9 April 2009 Judge: Justice Rajiv Sahai Endlaw Citation: 2009 (41) PTC 284 (Del) Background Rolex SA is a company incorporated under the laws of Switzerland and is headquartered in Geneva. The company traces its origins to 1905 when Hans Wilsdorf established