Wednesday, 28 June 2017

Well Known Trademark in India a list by Trademark Deptt.

Trademark Department on its website have mentioned the name of the Brand Names which are well known according to the various case laws. The list is as follows:

S No.
Trademark
Proprietor
Determining Authority
Reference of the case wherein determined
1
7 O'CLOCK for shaving
razors
Gillette U.K. Ltd.,
England
Bombay High Court
1998 PTC 288 DB
2
AIWA
Sony Corpn., Japan
TMR, Chennai
Decision dated 26-09-2007
3
BAJAJ
Bajaj Electrical Limited
High Court, Bombay
AIR 1988 BOM-167
4
BATA & BATA FOAM
for footwear
Bata India Ltd.
Allahabad High Court
AIR 1985 ALLAHABAD 242
5
BENZ
Daimler Benz
High Court Delhi
1994 PTC 287
6
BISLERI
Acqua Minerals Ltd.,
High Court of Delhi
2001 PTC 619
7
CARREFOUR
Carrefour Society
Anonyme, organized under the laws of France
High Court of Madras
2007 (35) PTC 225
8
CARTIER for wide
variety of goods including jewellery,watches, perfumes etc.
Cartier International,
B.V, Netherlands
High Court, Delhi.
2003(26) PTC 160(Del)
9
CATERPILLAR
Caterpillar Inc., USA
Madras High Court (DB)
1998IPLR 326
10
CHARLIE
Revlon Inc.
High Court of Delhi
1997 PTC 394
11
DR.REDDY In respect
of pharmaceutical products.
Dr.Reddy Laboratories
High Court, Delhi.
2004 (29) PTC 435
12
DUNHILL
Alfred Dunhill Limited,
U.K.
High Court of Delhi.
1999 PTC 294
13
ENFIELD BULLET
Enfield India Ltd.
IPAB
2006(32) PTC 397
14
EVIAN Mineral Water
Society Anonyme Des
Eavx Minerals 'D' Evian
Delhi High Court
1993 PTC 103
15
FEDDERS For air
conditioners
Fedders North America
High Court, Delhi
2006(32) PTC 573






Source: As taken on 29.06.2017:
http://www.ipindia.gov.in/writereaddata/Portal/Images/pdf/well-known-trademaks.pdf

Innovative advertisement by Droplet



Courtesy:

Gatorade and Business Insider. 

Tuesday, 27 June 2017

Trademark Class - Old Classication

Trademark department has notified and implemented a new search method and class selection. However, for the help of Professionals the old list is as follows:

THE FOURTH SCHEDULE TO TRADE MARKS RULES, 2002
Classification of goods and services – Name of the classes
(Parts of an article or apparatus are, in general, classified with the actual article or apparatus, except where such parts constitute articles included in other classes).
Class 1.        Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesive used in industry
Class 2.        Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordents; raw natural resins; metals in foil and powder form for painters; decorators; printers and artists
Class 3.        Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions, dentifrices
Class 4.        Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels(including motor spirit) and illuminants; candles, wicks
Class 5.        Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; materials for stopping teeth, dental wax; disinfectants; preparation for destroying vermin; fungicides, herbicides
Class 6.        Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores
Class 7.        Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs
Class 8.        Hand tools and implements (hand-operated); cutlery; side arms; razors
Class 9.        Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus
Class 10.    Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials
Class 11.    Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes
Class 12.    Vehicles; apparatus for locomotion by land, air or water
Class 13.    Firearms; ammunition and projectiles; explosives; fire works
Class 14.    Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and other chronometric instruments
Class 15.    Musical instruments
Class 16.    Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks
Class 17.    Rubber, gutta percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal
Class 18.    Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery
Class 19.    Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
Class 20.    Furniture, mirrors, picture frames; goods(not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother- of-pearl, meerschaum and substitutes for all these materials, or of plastics
Class 21.    Household or kitchen utensils and containers(not of precious metal or coated therewith); combs and sponges; brushes(except paints brushes); brush making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes
Class 22.    Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes) padding and stuffing materials(except of rubber or plastics); raw fibrous textile materials
Class 23.    Yarns and threads, for textile use
Class 24.    Textiles and textile goods, not included in other classes; bed and table covers.
Class 25.    Clothing, footwear, headgear
Class 26.    Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers
Class 27.    Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings(non-textile)
Class 28.    Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees
Class 29.    Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats
Class 30.    Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces, (condiments); spices; ice
Class 31.    Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt
Class 32.    Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages
Class 33.    Alcoholic beverages(except beers)
Class 34.    Tobacco, smokers' articles, matches

SERVICES

Class 35.    Advertising, business management, business administration, office functions.
Class 36.    Insurance, financial affairs; monetary affairs; real estate affairs.
Class 37.    Building construction; repair; installation services.
Class 38.    Telecommunications.
Class 39.    Transport; packaging and storage of goods; travel arrangement.
Class 40.    Treatment of materials.
Class 41.    Education; providing of training; entertainment; sporting and cultural activities.
Class 42.    Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
Class 43.    Services for providing food and drink; temporary accommodation.
Class 44.    Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.

Class 45.    Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.

Light Brighter than Billion Sun

सूरज को टॉर्च दिखाना 

Yes! the phenomenon is true now. Physicists from the University of Nebraska-Lincoln, in the state of Nebraska in the Midwestern United States, have created a light which is One Billion time brighter than the sun. 

According to the Article published in Nature Photonics magazine the concept of the light brighter than the sun is formulated. 


For more detailed information you may visit the Source:
https://www.nature.com/nphoton/journal/vaop/ncurrent/full/nphoton.2017.100.html

Monday, 26 June 2017

Global Innovation Index and India - 2017

The Global Innovation Index and India - 2017

Reformation of the Indian Government is showing the impact on the Global Innovation Index. India has jumped upto 60th place in comparison to 76th rank of previous year.

Keeping the place secured Switzerland is still at the first place in the Global Innovation Index. However, rise of India has elevated the place of Asia among the continents and become a important innovation engine. Whereas, China secures 22nd place in the Global Innovation Index.

Global Innovation Index is an approach to find out the impact of innovation on the Economies in countries and how the countries inclined towards the innovation process. Global Innovation Index provides the ranking to countries based upon their contribution towards the innovation and its results occurred in their Economy and Society. 

Global Innovation Index (“GII”) is a unique indices which evaluate the Economies of the world as per their innovating capabilities and is very useful from point of view of business person and obviously innovators. GII uses profiles, including data, ranks and strengths and weaknesses on 81 indicators of 143 country of the world. The index is submitted to an independent statistical audit by the Joint Research Centre of the European Commission.

Key findings of Global Index Innovation

The six key findings of the GII 2017 are:

1.     Creating new sources of innovation driven growth is now vital to transforming the current economic upswing into the possibility of longer term growth.

2.     Smart and digital agricultural innovation and better diffusion to developing countries are required to help overcome serious food challenges.
3.     More innovation convergence is needed globally, as low- and middle income countries put more emphasis on their innovation systems.
4.     The prospect of regional Asian innovation networks will also benefit from the rise of new Asian Innovation Tigers and India’s high potential.
5.     Preserving the momentum of innovation in Sub-Saharan Africa and tapping the innovation potential in Latin America and the Caribbean must be priorities.
6.     Regional clusters of inventive activity are essential to national innovation performance; improved innovation metrics on this topic are required.

Innovation takes place when we are placed under condition when we have to do more with less. Indians are flocked with resources, so, here we are under condition where we are doing less with more. There are possibilities where India can lead the innovators of world and can set up an economy comprising of innovative thoughts.

As per the theme of GII this year, human factor is very vital for the innovation in economy. Indian colleges and Universities are manufacturing graduates every years but a very small part of the Intellectual young breed are indulged in innovation process. India has become a supplier of Engineer, Manager and technician to the world but alas due to certain factors Indian economy is unable to take benefit of indigenous inventors. It will be in favor of Indian Economy if Government gives promotion to Indian innovation process and implement better policy for R&D activities. 

There are certain other Indexes are mentioned in the Global Innovation Index in which India is running at higher place than of the previous year. However, in case of ease of doing business India is still very far and get 114th Rank in the world. The same occurred with the Education where India gained 114th Rank.

Well India get 68th Rank in uploading the video on You Tube and USA ranks the first for uploading video on You Tube.

Over the last five years, the Indian agriculture sector has also attracted leading IT companies and investors; available technology and digital solutions are expanding at an impressive pace. Overall, the top agricultural R&D spenders are India, the Republic of Korea (Korea), China, the Netherlands, and Australia, with India spending more than double than Korea.


This Article is solely intended for purpose of information to the public at large. Article is not intended for any commercial purposes. Global Innovation Index is published globally by WIPO, Cornell University, and INSEAD.

Friday, 23 June 2017

Amazon designed new Drone System for Product Delivery

UNMANNED AERIAL VEHICLES 

How awesome it will be if we open the window and find our products ordered online carried by a drone straight to our home. A Patent application published by United States Patent Office on 22.06.2017 states the same concept.

Amazon has designed a new beehive concept in which the Unmanned drone facility is visualized for delivering the products. 

In the Patent Application the Amazon have specifically mentioned: 

"A multi-level (ML) fulfillment center is designed to accommodate landing and takeoff of unmanned aerial vehicles (UAVs), possibly in an urban setting, such as in a densely populated area. Unlike traditional fulfillment centers, the ML fulfillment centers may include many levels (i.e., stories, floors, etc.) as permitted under zoning regulations for respective areas. The fulfillment center may have one or more landing locations and one or more deployment locations to accommodate UAVs, which may delivery at least some of the items from the fulfillment center to locations associated with customers."

Lets hope the drone soon at our window with our products. It will help specially to the customers who live in highly dense populated area or remote areas.

The complete application may be accessed at 

http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PG01&p=1&u=/netahtml/PTO/srchnum.html&r=1&f=G&l=50&s1=20170175413.PGNR.



Tuesday, 2 May 2017

India Joins TMview

India Joins TMview

Now the Indian trademarks can also be searched on TMview as India in collaboration with European Commission has provided the database of Indian Trademark.

TMview is an online consultation tool allowing any Internet user to search, free of charge, the trademarks of all participating official trade mark Offices. It is multilingual and easy-to-use, and gives access to trade mark applications and registrations of the participating official trade mark offices in a single place.

TMview aims to be the platform for data from all 27 EU Member States in addition to the information available from the EUIPO and WIPO – in total some 8.5 Million trade marks.

As of 26 April 2017, The Indian Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) has made its trade mark data available to the TMview search tool. This successful integration is the result of the EU-INDIA Intellectual Property Cooperation (IPC-EUI) project co-funded by the European Commission and the EUIPO within the International Cooperation framework and in close collaboration with CGPDTM. This last extension brings the total number of offices participating in TMview to 57 and with the addition of more than 800,000 trade marks from India TMview now provides information and access to almost 43 million trade marks in total. Since the introduction of TMview on 13 April 2010 the tool has served more than 29 million searches from 155 different countries, with visitors from Spain, Germany and Italy among the most frequent users.

The information is provided by the trade mark offices that own the content and are responsible for its daily update.

You can use TMview to:
• Carry out a trade mark search
• Check for the availability of your trade mark name
• Discover what your competitors are protecting
• Provide information to trade mark examiners

You can find out more at www.tmview.org


Disclaimer: The content here produced are presented for information purpose.

Saturday, 8 April 2017

Sound Trademark Registration in India

Sound Trademark in India

With the enunciation of the digital era the branding of products and services are not only bounded to pictures, logo or name, they are getting their new size, shape and dimensions with every passage of time. Sound Branding is one the technique which is the outcome of growing digital market and products are marking their presence through the sound marks also.

India, before the enactment of Trademark Rules, 2017, didn’t entertained the registration of sound marks, however, with the growing demands, Government has taken the Sound Branding as a serious point. In world most of the countries provide for the registration of sound as Trademark.

Five Notes of INTEL INSIDE BONG which was Composed by Walter Werzowa is one of the best example of sound trademark. Whereas, many Mobile manufacturer are also making their Brand Tune to get identified in the Mobile Market through their unique sound. Other sound mark examples can be taken as follows:

1. MGM – Roaring Lion
2. Airtel Music
3. Nokia Tune

On a light note Harley Davidson(leading bike manufacturer) once filed the sound trademark for the exhaust sound created by V-twin Engines. However, they didn’t get the registration.

Now the person in India can register their jingles, songs or punchline in audio format too. Trademark Rules, 2017 provides for the registration of Sound as trademark under Rule 5, where an application for the registration of a trademark consists of a sound as a trademark, the reproduction of the same shall be submitted in the MP3 format not exceeding thirty seconds' length recorded on a medium which allows for easy and clearly audible replaying accompanied with a graphical representation of its notations.


This registration opens the gate for registration of non-conventional trademarks by India and also gives the complete protection to the Entrepreneurs. 

Post your queries at ipr@iprsmith.com.

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...