Showing posts with label Trademark. Show all posts
Showing posts with label Trademark. Show all posts

Friday, 15 June 2018

Red soled High Heels - Trademark Infrigement




Red Heel – Trademark Infringement

15.06.2018| Often we overlook the small things which consist a strange story of Intellectual Property Rights behind them and this news is absolutely for the same. If you live in Delhi NCR or nearby and come to have a chance to visit the exclusive red heel footwear Showroom of Christian Louboutin is available at DLF Emporio mall, New Delhi must be aware of luxury footwear design and quality.

The most important thing for the Louboutin footwear is the red color heels.

 
In this file photo dated Thursday, Feb. 26, 2015, former Alaska Gov. Sarah Palin wears Christian Louboutin shoes while she speaks during the Conservative Political Action Conference (CPAC) in National Harbor, Md., U.S.A..

Mr. Louboutin and Christian Louboutin SAS design high-heeled shoes for women. A particular feature of those shoes is that the outer sole is always red. Mr Louboutin registered that trade mark in Benelux for ‘footwear’ in 2010 and for ‘high-heeled shoes’ in 2013. The trade mark is described as consisting ‘of the colour red (Pantone 18 1663TP) applied to the sole of a shoe as shown (the contour of the shoe is not part of the trade mark but is intended to show the positioning of the mark)’. 

The Van Haren company operates shoe retail outlets in the Netherlands. In 2012, Van Haren sold high-heeled women’s shoes with red soles. Mr. Louboutin filed suit against Van Haren for infringement of the Trademark. It was submitted that shape of a product cannot be claimed under the Trademark laws and the same is not protected under the IP Laws. (“Christian Louboutin and Christian Louboutin SAS v Van Haren Schoenen BV”)

In this context the Court of Justice of the European Union give its opinion that the mark does not relate to a specific shape of sole for high-heeled shoes since the description of that mark explicitly states that the contour of the shoe does not form part of the mark and is intended purely to show the positioning of the red colour covered by the registration. The Court also holds that a sign, such as that at issue, cannot, in any event, be regarded as consisting ‘exclusively’ of a shape, where the main element of that sign is a specific colour designated by an internationally recognised identification code.

Christian Louboutin win the case as the Court give judgment in his favor. Indian Trademark authority can see the case as reference with respect to the difference between the shape of goods and the other basic qualities of the product. Next time you see the sandal with heels of red color remember it is a subject matter of Trademark.


Note: Trademark, Photos and other details used in this article belong to their respective owners and are used only for information purposes.

Thursday, 14 June 2018

BISWA BANGLA - Registered Trademark


BISWA BANGLA – Registered Trademark

13.06.2018| West Bengal Government in last week have got the Trademark i.e. “Biswa Bangla” (TM No. 2759274) registered in name of society i.e. West Bengal State Export promotion society under the Department of MSME & T, Govt. of West Bengal. West Bengal State Export promotion society is an arm of West Bengal Government.

Registrar of Trademarks have passed an order for abandonment of Trademark due to non-filing of Reply to the examiner report. However, the Government of West Bengal changed the IP Attorney to carry on the registration procedure.

Story of this mark is quite interesting as Mr. Abhishek Banerjee has earlier applied for the registration of the same Trademark in the year 2013. However, the Govt. of West Bengal opposed for the registration of the same and Mr. Abhishek Banerjee on 13th November, 2017 withdrawn the application. It is pertinent to mention that Mr. Abhishek Banerjee is nephew of Mamata Banerjee. Mr. Abhishek Banerjee is an Indian politician and a member of parliament to the 16th Lok Sabha from Diamond Harbour Lok Sabha constituency, West Bengal. He won the Indian general election, 2014 being an All India Trinamool Congress candidate. He is also the National President of All India Trinamool Youth Congress the youth wing of the All India Trinamool Congress, a political party in India, currently in power in the Indian state of West Bengal.

Other States in the country may go for the same and gradually India is leaping forward by identifying the importance of the Intellectual Property Rights.

Note: The Trademark mentioned herein are used for information purposes and belongs to their owner.




Tuesday, 22 May 2018

Appointment of Examiner of Trademark on Contract Basis - Mumbai Offfice


Applications are invited from suitable candidates for engagement as Examiner of Trade Marks purely on Contract basis on a consolidated pay of Rs.45000/- per month. At present, the vacancy is for 05 candidates which may increase.

The selected candidates will be posted at the Trade Marks Registry Office at Mumbai only. The period of engagement will be up to 31/03/2019. The engagement shall be made purely on contract basis and can be terminated any time without any notice and will not confer any right for regularization, absorption, permanency or continuation beyond the said date.

ESSENTIAL QUALIFICATION:

1. EDUCATIONAL QUALIFICATION: Degree in law of recognized university or equivalent.
2. PROFESSIONAL EXPERIENCE: Two years’ experience as an advocate.

AGE LIMIT: 30 years (35 years in case of SC/ST and 33 years in case of OBC).

Note: Cut off date for calculating / deciding the eligibility of candidates will be the closing date for receipt of application.

HOW TO APPLY:

The application in the accompanying format must be sent through e-mail to satyendra.tmr@nic.in with a copy to sm.togrikar@nic.in by attaching scanned copy of the filled in application along with documents certifying age, educational qualification and experience including copy of certificate of enrolment as an advocate, in PDF file format. In absence of requisite certificate, candidature of the applicant may be rejected summarily.

CLOSING DATE FOR RECEIPT OF APPLICATIONS: 10th June, 2018.

MODE OF SELECTION: The selection will be done on the basis of interview, which will be conducted at the Trade Marks Registry, Boudhik Sampada Bhavan, S. M. Road, Antop Hill, Mumbai – 400 037.

Date of Interview: 21/06/2018 & 22/06/2018.


For more information please visit:

http://www.ipindia.nic.in/writereaddata/Portal/News/419_1_Public_Notice.pdf

Tuesday, 1 May 2018

Clubbing of Public Hearing before Trademark Registry

Clubbing of hearing before Trademark Registry

No. CG/Public Notice/TMR/2018/325

It is brought to the notice of CGPDTM that present system of Show-Cause Hearing is creating inconvenience to the attorneys at large as they are required to attend hearings at appropriate office on
frequent basis. The hearings are fixed based on the filing date of the application without consideration of the attorney involved in the matter and it lead to multiple visit of the attorney to the office even within a week. Requests have been received to club the hearings of the individual attorneys on the day so that their frequent visit may be avoided.

In view of the above it is decided that scheduling of the hearing will be modified with effect from June 2018. All the applications listed for hearing during a particular month should be fixed in such a way, that if more than one application is listed for hearing related to particular attorney / applicant during the month, same will be clubbed and hearing be fixed on the same date. If matters related to particular attorney / applicant are found to be more than the daily limit, remaining matter will be fixed for hearing on the very next working day.

Courtesy: CGPDTM
http://www.ipindia.nic.in/writereaddata/Portal/News/410_1_PublicNotice_ShowCause.pdf

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




Please go through the legal text before filing any form. The Author shall not be liable for any damage occurred due to any action taken by any person solely based on the content of this Blog. The information mentioned above shall be cross verified to the exact legislature before taking any action. 

Extension of Trademark Hearing

Public Notice- Adjournment of hearings related to trademark scheduled between 17/03/2020 to 15/04/2020 In view of advisory issued by M...