Thursday 24 August 2017

National Workshop on Enforcement of IPR



24 August, 2017| New Delhi. First ever National Workshop concluded today with a great spirit and enthusiasm among the participants. It is the first time when the IPR is being discussed at the big platform after the enunciation of National IPR Policy in 2016.

“Its time for Indians to take their rightful place in the global arena of creativity and innovation, not only as creators and innovators, but also as owners of Intellectual Property.”

Most important point was the presence of policy maker and implementing agencies. The workshop was attended by Police Officials, Public Prosecutors, Attorneys and Law Students. More than 200 persons have invested 3 days in learning the enforcement of IP Laws in the country.

The Workshop was divided into 5 session covering all the vital aspects of enforcement of laws in the country and precisely can be indexed as below:

Mr. Rajiv Aggarwal, on the first day discussed the Government policies and Practices for Intellectual Property Rights and its Enforcement whereas Ms. Louis Van Greunen, Director BRIP Division, WIPO elaborated the points for Building Respect for Intellectual Property.

BRIP Division at WIPO is working on international level to make the persons aware about the IPR which exist in day to day life and also emphasis to create a sense of gratitude among the people for the creator and innovators.

“A man without culture is a zebra without black stripes.”

Ms. Louis on first day and on the last day emphasize that how the self awareness among the people will help the authorities to curb the counterfeiting goods and improper use of IPR.  Mr. Kiren Rizizu, Minister of States have also said that even being the people in India are most innovative but we are also good at copy and paste.

Mr. Rajnath Singh, Minster of Home Affairs have shown a keen interest in the IPR Enforcement and promised to take steps for imparting IPR education to Police Authorities. In furtherance of his speech he also discussed the problem of cross border funding to terrorist by selling the counterfeited goods in India.

Mr. Ameet Dutta expressed his views on Role of police for enforcement of copyright laws and in consonance of the same Viacom18 released the animated series of Motu-Patlu. The animated presentation depicts that how much piracy is bad. It will help the kids to understand the bad effect of piracy easily.  Piracy in physical and digital world has become a very serious issue before the innovators. A society shall protect the innovators and the innovators shall be prosperous so that they keep innovating for society.

Mr. Jyoti Sagar, Founding Members, K & S Partner discussed various aspects of the Legal Framework of the Trademark and role of police in the same. Trademark violation and crimes related with the Trademark is not a very new thing in the India but earlier police was investigating only under the IPC either for cheating or fraud or case were being registered as counterfeited goods. It is explained that a counterfeiting goods also covers the counterfeited trademark which shall be tried under the Trademarks Act, 1999.

Mr. David Blakemore and Mr. Pulin Kumar dicussed the Counterfeiting in Physical and Digital World. Mr. Pulin Kumar being the Sr. Director of Legal & Compliances of Adidas India discussed the impact of usage of counterfeiting goods in India.

Mr. Pushpam Jha, Partner, Saikrishna & Associates explains the IPR Enforcement toolkit for police and also explains the effectiveness of the same for the police officer while investigating the IP Crimes in India.

On the last day Mr. Praveen Anand, Founder Partner of Anand & Anand, elaborated the points of Public Interest related with IPR and Global Best Practices, Challenges and Success Stories for the same. In furtherance of the same Mr. David Blakmore also narrated the Cooperation between various enforcement agencies and Role of Right Holders thereto.


The National IPR Policy envisages the need to build respect for IPRs among the general public and to sensitize the inventors and creators of IP on measures for protection and enforcement of their rights. Regular IPR training will help the judicial authorities to implement the same in very good manner.

Tuesday 22 August 2017

First National Workshop on Enforcement of IPR



First National Workshop on Enforcement of IPR

22 August, 2017 | Delhi. Indian Government in order to save the intellectual property rights is taking quick and effective steps. In furtherance of the same CIPAM (Cell for IPR Promotion and Management) under DIPP (Ministry of Commerce and Industry) have organised National Workshop on Enforcement of IPR commencing on 22 August, 2017. 

Organised at Hotel Ashoka in New Delhi, the workshop is based upon the awareness among the professionals, law student, police officials and other paramount legal authorities to enforce the Rights available under the Intellectual Property Laws.

Shri Rajnath Singh, Hon'ble minister of Home Affairs alongwith Shri Kiran Rijiju, Hon'ble Minister of State for home Affairs and Smt. Nirmala Sitharaman, Hon'ble Union Minister of State, Commerce & Industry were the dignitaries at the Inaugural Session.

Shri Kiren Rijiju ji commencing the speech have pointed the problem of increasing piracy in India and stated that the Government shall create the automatic framework to curb the piracy and counterfeited software. 

Smt. Nirmala Sitharaman have also stated the same and told that World Intellectual Property Organisation will set up two centres in Punjab and Tamil Nadu for technology and innovation support.

Hon’ble Rajnath Singh mentioned the nexus between the Cross Border terrorism and counterfeiting goods used in India. He also stated that counterfeited goods provide the funding to the terrorist and create harm to the indigenous industry within the country.

The workshop is a very useful initiative and in coming days the implementation will be done in the robust manner. 

Sunday 6 August 2017

Trademark New Forms and Old Forms - A Comparative Analysis

Old Trademark Forms and New Trademark Forms



Entry No
Particulars
Old Form
New Form
Remarks
1
On application to register a trade mark for a specification of goods or services included in one class [Section 18(1)]
TM-01
TM-A

2
On application to register a textile trade mark (other than a certification trade mark or a collective mark) consisting exclusively of numerals or letters or any combination thereof for a specification of goods or services included in one item of the Fifth Schedule under rule25(5) & 145.
TM-22
TM-A
New Trademark Rules do not provide specifically for Textile Trademarks

3
On application to register a trade mark for goods or services included in a class from a convention country under section 18(1) & 154(2)
TM-02
TM-A

4
On a single application under section 18(2) for the registration of a trade mark for different classes of goods or services from a convention country under section 154(2)
TM-52
TM-A

5
On a single application under section 18(2) for the registration of a trade mark for different classes of goods or services.
TM-51
TM-A

6
On application to register a series trade mark under Section 15 for a specification of goods or services included in a class or different classes.
TM-08
TM-A

7
On application to register a series of trade mark from a convention country under section 154(2) for a specification of goods or services included in a class or classes.
TM-37
TM-A

8
On application under section 63(1) to register a collective mark for a specification of goods or services included in a class.
TM-03
TM-A

9
On application under section 71(1) to register a certification trade mark for a specification of goods or services included in a class.
TM-04  
TM-A

10
On application for the registration of a textile trade mark (other than a certification trade mark or a collective mark ) consisting exclusively of numerals or letters, or any combination thereof for a specification of goods or services included in one item of the Fifth Schedule under rule 145 from a convention country under section 154(2)
TM-45  
TM-A
Textile Trademark are not specifically provisioned under the Trademark Rules, 2017
11
On a request under Rule 40(1) to state grounds of decision
TM-15  
TM-M
Corresponding to Rule 36 of the Trademark Rules, 2017

12
On a notice of opposition under Section 21 (1), 64, 66 or 73 for each class opposed
TM-05  
TM-O
Corresponding to Rule 42 of the Trademark Rules, 2017

13
On application for extension of time for filing notice of opposition under section 21(1)
TM-44  
TM-M
Corresponding to Rule 133 of the Trademark Rules, 2017

14
On a counter statement in answer to a notice of opposition under section 21, for each application opposed, or in answer to an application under any of the section 47 or 57 in respect of each trade mark or in answer to a notice of opposition under section 59 or rule 101 for each application or conversion opposed
TM-06  
TM-O
Corresponding to Rule 133 of the Trademark Rules, 2017

15
On notice of intention to oppose hearing under any of the section 21, 47, 57 and 59 by each party to the proceeding concerned
TM-07  
TM-O
Corresponding to Rule 133 of the Trademark Rules, 2017

16
On application under Section 16(5) to dissolve the association between registered trade marks
TM-14  
TM-P

17
For renewal under Section 25 of the registration of a trade mark at the expiration of the last registration not otherwise charged
TM-12  
TM-R

18
For renewal under section 25 of the registration of a series trade mark at the expiration of the last registration- For the first two marks of the series of each separate class.
TM-12  
TM-R

19
For renewal under section 25 of a single application of a trade mark for goods or services in more than one class-in respect of every class
TM-12  
TM-R

20
For renewal under section 25 of the registration of a collective mark/certification trade mark
TM-12  
TM-R

21
On application under section 25(4) for restoration of a trade mark removed from the register
TM-13  
TM-R

22
On application for renewal under proviso to section 25(3) within six months from the expiration of last registration of the trade mark
TM-10  
TM-R

23
On application for certificate of the Registrar under Section 40(2) For the first mark proposed to be assigned For every additional mark of the same proprietor included in that assignment
TM-17  
TM-P

24
On application for approval of the Registrar under section 41 For the first trade mark For every additional mark of the same proprietor included in the same transfer
TM-19  
TM-P

25
On application under section 42 for direction of a Registrar for advertisement of assignment without goodwill of a trade mark in use For the first mark assigned For every additional mark assigned with the same devolution of title
TM-20  
TM-P

26
On application for extension of time for applying for directions under section 42 for advertisement of assignment without goodwill of trade mark in use in respect of devolution of title Not exceeding one month Not exceeding two month Not exceeding three month
TM-21  
TM-P

27
On application under section 45 to register a subsequent proprietor in a case of assignment or transfer of a single trade mark
TM-23
TM-P


If made within six months from the date of acquisition of proprietorship
TM-23
TM-P

If made after expiration of six months but before 12 months from the date of acquisition of proprietorship
OR
TM-P

If made after 12 months from date of acquisition of proprietorship
TM  
TM-P

28
On application under section 45 to register a subsequent proprietor of more than one trade mark registered in the same name, the devolution of title being the same in each case.
TM-23 or TM-24
TM-P

29
On application under section 46(4) for extension of time for registering a company as subsequent proprietor of trade marks on one assignment : Not exceeding two month Not exceeding four month Not exceeding six month
TM-25  
TM-P

30
On application under any of the sections 47 or 57 for rectification of the register or removal of a trade mark from the register or cancellation of a registered collective mark or a certification trade mar
TM-26  
TM-O

31
On application under rule 94 for leave to intervene in proceeding under any of the sections 47 or 57 for rectification of the register or removal of trade mark from the register or under rule 133 or 139 in respect of a collective mark or certification trade mark
TM-27  
TM-O

32
On application under section 49 to register a registered user of a registered trade mark in respect of goods or services within the specification thereof
TM-28  
TM-U

33
On application under section 49 to register the same registered user of more than one registered trade mark of the same registered proprietor, where all the trademarks are covered by the same registered user agreement in respect of goods or services within the respective specification thereof and subject to the same conditions and restrictions in each case: For the first mar For every additional mark of the proprietor included in the application, and in the registered user agreement
TM-28  
TM-U

34
On application under clause (a) of sub-section 1 of section 50 to vary the entry of a registered user of one trade mark where the trademarks are covered by the same registered user in respect of each of them: For the first mar For every additional mark included in the application
TM-29  
TM-U

35
On application under clause (b) of sub-section (1) of section 50 for cancellation of the entry of a registered user of one trade mark Where the application includes more than one trade mark For the first mar For every additional mark included in the application
TM-30  
TM-U

36
On application under clause (c) or (d) of sub-section (1) of section 50 to cancel the entry of a registered user of one trade mark: Where the application includes more than one trade mark: For the first mar For every additional mark included in the application
TM-31  
TM-U

37
On notice under rule 90(2 ) of intention to intervene in one proceeding for the variation or cancellation of entries of a registered user of a trade mark
TM-32  
TM-U

38
On application under section 58 to change the name or description of a registered proprietor or a registered user of a trade mark where there has been no change. In the proprietorship or in the identity of the registered user (except where the application is made as a result of an order of a public authority or in consequence of a statutory requirement as per law in Indi where the application includes more than one trade mark For the first trade mark For every additional mark included in the application
TM-33  
TM-P

39
On application under section 58 to alter an entry of the address of a registered proprietor or of a registered user of a trade mark unless exempted from fee under rule 96(3) Where the application include more than one trade mark - and where the address in each case is the same and is altered in the same way For the first entry For every other entry included in the application
TM-34  
TM-P

40
On application to make an entry of an address for service in India of a registered proprietor or a registered user of a trade mark where the application include more than one trade mark and the address for service to be entered is the same in each case For the first entry For every other entry included in the application
TM-50  
TM-P

41
On application to alter or substitute an entry of an address for service in India in the register unless exempted from fee under rule 96(3) Where the application includes more than one trade mark and the address in each case is the same and is altered or substituted in the same way For the first entry For every other entry included in the application
TM-50  
TM-P

42
On application under clause (c) of sub-section (1) of section 58 for canceling the entry or part thereof from the register or under clause (d) to strike out goods or services from the register
TM-35
TM-P

43
On application under section 59(1) for leave to add or alter a registered trade mark (except where the application is made as a result of an order of a public authority or in consequence of statutory requirement) Where the application includes more than one trade mark and the addition or alteration to be made in each case being the same For the first mar For every other mark included in the application
TM-38  
TM-P

44
On notice of opposition under sub-section (2) of section 59 to an application for leave to add or to alter a registered trade mark for each application oppose
TM-39  
TM-P

45
On application under section 60 for conversion of specification
TM-40  
TM-P

46
On notice of opposition in each separate class under sub-section 2 of section 60 to a conversion of the specification or specifications of a registered trade mark For the first mar For every additional mark included in the notice of opposition
TM-41  
TM-P

47
On application under section 66 for amendment of the deposited regulations of a collective mark or alteration under section 74(2) for the regulation of a certification trade mark Where the marks are entered in the register as associated trade marks For the regulation of one registration For the same or substantially same regulation of each additional registration proposed to be altered in the same way and included in the same application
TM-42  
TM-M

48
On application under section 68 to remove the registration of a collective mark or cancel or vary the registration of a certification trade mark under section 7
TM-43  
No Forms

50
On request for the Registrar's preliminary advice under section 133(1) for a trade mark in respect of one class
TM-55  
TM-M

51
On request for certificate of the Registrar under section 137( other than a certificate under section 23(2))
TM-46  
TM-M

52
On request for certificate of the Registrar [other than certificate under section 23(2)] of the registration of a series of the trade mark under section 15 for each class
TM-46  
TM-M

53
On request for a certified copy of any entry in the register or of any document under section 148(2)
TM-46  
TM-M

54
On request to enter in the register and advertise a note of certificate of validity, under rule 124 in respect of one mark in a class
TM-47  
TM-M

55
On request, not otherwise charged for correction of a clerical error or for amendment under section 18(4), 22 and 58, except where the request is made as a result of an order of a public authority or in consequence of a statutory requirement as per law in India
TM-16  
TM-M

56
On application for extension of time for a month or part thereof under section 131 [not being a time expressly provided in the Act or prescribed by rule 79 or by rule 80(4)
TM-56  
No Forms

57
On application for review of the Registrar's decision under section 127(c )
TM-57  
TM-M

58
On petition (not otherwise charged) for obtaining Registrar's order on any interlocutory matter in a contested proceeding
TM-M

59
On request to Registrar for particulars of advertisement of a mark under rule 46
TM-58  
TM-M

60
For inspecting the documents mentioned in section 148(1): relating to any particular trade mark for every hour or part thereof search of index mentioned in section 148 for every hour or part thereto
No Forms

61
For copying of documents, (photocopy or typed) for every page of part thereof in excess of one page

62
On request for a duplicate or further copy of certificate Rule 62(3)
TM-59  
TM-M

63
On a counter statement in answer to a notice of opposition in respect of a collective trade mark or a certification trade mark under section 64, 66,73 or 77
TM-09  
TM-O

64
For search and issue of certificate under rule 24(3)
TM-60  
TM-C

65
On application under sub-section (b) of section 25 of Geographical Indications of Goods (Registration and Protection )Act, 1999 to refuse or invalidate the registration of a trade mark which conflicts with or which contains or consists of a geographical indication identifying goods or class or classes of goods notified under sub-section (2) of section 22 of the said Act
TM-74  (9 KB)
TM-O

66
On application under sub-section (a) of section 25 of Geographical Indications of Goods (Registration and Protection )Act, 1999 to refuse or invalidate the registration of a trade mark containing or consisting of a geographical indicating not originating in the territory of a country or a region or locality in that territory which the geographical indication indicates
TM-73
TM-O

67
Notice of intention to attend hearing under section 64, 66, 73 or 77 in respect of a collective mark or in respect of a certification trade mark, as the case may be
TM-7  
No Forms

68
On a request to divide an application or to divide a single application under proviso to section 22
TM-53  
TM-M

69
On application under sub-rule 16 of rule 25 towards inclusion of specification of goods or services in excess of five hundred characters at the time of filing of application as excess space fee
TM-61  
No Forms

70
On application under section 43, rule 140(2) for consent of Registrar to the assignment or transmission of certification trade mark
TM-62  
TM-P

71
On application under rule 38(1) for the expedited examination of an application for the registration of a trade mark
TM-63  
TM-M

72
On application under section 63(1) to register a collective mark of a specification of goods or services included in a class from a convention country under section 154(2)
TM-64
TM-A

73
On application under section 71 to register a certification trade mark for a specification of goods or services included in class from a convention country under section 154(2)
TM-65 
TM-A

74
On request for an expedited certificate of the Registrar (other than a certificate under section 23(2) of the Act) or certified copies of documents under proviso to rule 119
TM-7  
TM-M

75
Delete

76
On request for an expedited search and issuance of a certificate under rule 24(5)
TM-72  
TM-M

77
On application for registration as a trade mark agent under 152
TMA-1  
TM-G

78
For registration of a person as a trade mark agent under rule 154
TM-G

79
For continuance of the name of a person in the Register of Trade Marks Agents under rule 156: For every year (excluding the first year) to be paid on the 1st April, in each year For the first year to be paid along with the fee or registration, in the case of a person registered at any time between the 1stApril, and 30th September N.B. A year for this purpose will commence on the 1st day of April, and end on the 31st day of March following
TM-G

80
On application for restoration of the name of a person to the Register of trademarks agents under rule 159
TMA-2 
TM-G

81
On application for an alteration of any entry in the Register of Trade Marks Agent under rule 160
TMA-3  
TM-G

82
For each addition to the registered entry of a trade mark that may be associated with a newly registered mark under section 16(1)
No Forms

83
On a single application under section 18(2) for the registration of a collective mark for different classes of goods or services
TM-66 
TM-A

84
On a single application under section 18(2) for the registration of a collective mark for different class of goods or services from a convention country
TM-67
TM-A

85
On a single application under section 18(2) for the registration of a certification trade mark for different class of goods or services
TM-68
TM-A

86
On a single application under section 18(2) for the registration of a certification trade mark for different class of goods or services from a convention country under section 154(2)
TM-69
TM-A

87
On request for search and issuance of a certificate pursuant to clause (ii) of sub-section (2) of section 20 of the Companies Act, 1956
TM-75
No Forms




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