Bond and IPR

 Bond and Trademark

Name is Bond, James Bond… 007….,

News is thrilling for all Bond Lovers. Sam Mandes at Buckinghamshire's Pinewood Studios declared that “Spectre” will be the next Bond movie and as before “Daniel Craig” will be the James Bond. However, do you know that “007” alongwith the Logo is registered in the name of Danjaq, LLC bearing Trademark No. 77918452 in United States. Danjaq, LLC (formerly Danjaq S.A. and Danjaq Inc.) is the holding company responsible for the copyright and trademarks to the characters, elements, and other material related to James Bond on screen.

007 is a mark, registered mark… 

Note: This Article is purely published for the information purposes and the mark used in this article belong to their respective owner. Author or any of its associates neither claim any proprietary rights thereto. Author shall not be liable for any loss or damage  occur to any person due to any action taken solely based upon this Article.

Airbus Flying Saucer

AIRBUS FLYING SAUCER

In my early childhood I use to fascinate about the aircrafts used in the star trek and have thought about flying saucers. However, Airbus in its recent patent application, applied for the registration of a new design of aircraft. It looks like a flying saucer or we can say its renaissance of modern aircrafts design. Leading newspapers have given certain nomenclature like, “flying doughnut”, “flying saucer”. The patent application US20140319274A1 entitled as “Aircraft including a passenger cabin extending around a space defined outside the cabin and inside the aircraft” claims an aircraft comprising a new cabin structure for delimiting or increasing the space of the passenger cabin.

Hopefully, we will see some other design from rivals aircraft manufacturer too.

Note: This Article is purely published for the information purposes and the mark used in this article belong to their respective owner. Author or any of its associates neither claim any proprietary rights thereto. Author shall not be liable for any loss or damage  occur to any person due to any action taken solely based upon this Article.

Wish you a very happy deepawali...!!!

Hangover-II and IPR

Hangover-II and IPR

You must have known the well known Stu Price, a strait-laced dentist, in Hangover movie series.  In Hangover-II, Stu carries a tattoo on his face which was similar to the tattoo on the face of Mike Tyson the reputed American boxer. Mr. S. Victor Whitmill who was the creator of the Tattoo filed a lawsuit against Warner Bros. Entertainment just few weeks before the release of the movie. American Court have denied the preliminary Injunction asked by Whitmill, as Warner Bros. have already incurred a heavy amount and the loss occur to them will be very huge in comparison to Whitmill. However, American Court have acknowledged that Whitmill have a strong case, whereas, both the parties settled on the undisclosed terms at later stage.

Disclaimer: The trademark and copyright used in this Article belong to their respective owner and the Author or any of Associates do not claim any sort of right on them. This Article is intended solely for information purposes.

Trademark Registration Fee

Increase in fee of Registration of Trademark

Department of Trademark has increased the fee for Registration of Trademark. As per the new fee slab an Applicant have to pay an amount of Rs. 4,000/- per Trademark as registration fee rather than Rs. 3,500/- as before.

As per Notice bearing number CG/PublicNotice/2014-15/51 dated 07^th August, 2014 and consequent to the notification in the official gazette of India issued by the Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) dated 01^st August, 2014 (G.S.R. 523(E)) the government has increased the filing fee.

Fee for expedite examination has also been increased to 20,000/-. Find the copy of notification at http://www.ipindia.nic.in/iponew/publicNotice_07August2014.pdf.

Those Applicant who have applied after 01^st August, 2014 but before the date of notification, i.e. 07th August, 2014, shall have to pay an extra amount of Rs. 500/- as the deficiency to the Department of Trademark.

For more information please write to iprsmith@yahoo.com or iprsmith@rediffmail.com. 

India as Global Inventor

The Global Innovation Index and India

Economy of world is growing rapidly and we are witnessing a new creation and innovation in our daily life. Our i-phone gets old in couple of months and we get a new and improved technology. It is not only technology which is upgrading and innovating itself, innovation is taking place in each and every sector.

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. 

Cornell University, INSEAD, and the World Intellectual Property Organization co-publish the Global Innovation Index since last seven year. Whereas, 2014 is the seventh year of publication of Global Innovation Index.

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.

Whereas, as per the Global Innovation Index Switzerland claims the 01^st positions among 143 countries. However, India, having population of more than 121 Crores[1] in comparison of 81,36,700[2]  of Switzerland has been  ranked 76 in Global Innovation Index. Instead of lagging behind in mass Switzerland is on the First position since last 3 years[3].

It is surprising to observe that as per Index India, slipped 10 places dropping to 76^th position this year.

If we look at our most competing neighbor, China claims 29^th position and Hong Kong at 10^th position. In India, 43,674[4] Patent applications have been  filed in the year 2012-13 whereas only 4,126 Patents have been granted so far. In terms of Designs, 8,337 applications were filed in India in the year 2012-13.

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. 

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. For more information write at iprsmith@rediffmail.com or iprsmith@yahoo.com.

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[1] http://censusindia.gov.in/2011census/censusinfodashboard/stock/profiles/en/IND_India.pdf

[2] http://www.bfs.admin.ch/bfs/portal/en/index/themen/01/22/press.Document.177944.pdf

[3] Page 9 (The Global Innovation Index 2014)

[4] http://ipindia.gov.in/cgpdtm/AnnualReport_English_2012_2013.pdf

Mandatory Online Filing

Mandatory On-line filing of Copyright Application

Copyright Registration cannot be applied physically after 01.08.2014 as copyright Department is closing its physical filing counter. After 01^st August, 2014 only online application can be submitted to Copyright Department.  The physical filing at Copyright Department cannot be done after 01^st August, 2014.

Copyright Department was having only one filing counter overall India at is office situated at Parliament Street in Delhi. Now this filing counter shall also get close. However, stakeholder may follow-up in the department with concerned officials as before.

For any kind of further information or registration process please write to iprsmith@yahoo.com or iprsmith@rediffmail.com. 

Non-conventional Trademarks

Non-conventional Trademarks - I

Step by step the international market is growing, customers are increasing and new kinds of trademark are coming into existence. Conventional trademarks are the mark which are being graphically represented, which can be heard, seen or read can only be considered as the trademark. However, with the initiation of new technologies, business development and advancement certain special characteristic have been emerged such as taste, smell, aura and sound. Such as the Maggie™ consist its special taste, then a thought comes in mind that why it can’t be use as the trademark. In similar way why the aura can’t be use as the trademark.

Some kinds of non-conventional trademark are:

1.       colour trademarks,

2.       motion trademarks,

3.       hologram trademarks,

4.       shape trademarks (also known as three-dimensional trademarks or 3D trademarks), and

5.       sound trademarks (also known as aural trademarks)

6.       smell trademarks (through olfactory signs)

Due to the requirement of the business and trade the non-conventional trademark are growing rapidly. However, as per the definition of the Trademark given under the trademark act, such non-conventional trademarks are not capable of being registered. As they are not capable of being represented graphically.

Wrestling Trademarks

Wrestling Trademarks

If you are a die-hard fan of WWE-RAW^TM, SMACKDOWN^TM, then be aware of the fact that the
famous name of Wrestling World as UNDERTAKER^TM or TORRIES WILSON^TM are the registered Trademark owned by the World Wrestling Entertainment, Inc. You may watch all the sizzling divas and their beauties but cannot use the name for commercial purposes.

Another side of this fact is the awareness of the Intellectual Property Rights in abroad and importance thereto. India is a big market and we need to ascertain the importance before it get too late to take any action.

For more information or query please write to iprsmith@rediffmail.com or iprsmith@yahoo.com.

Note: Trademark or Trade name used in this Article is the exclusive property of their respective owners. The Trademark or Trade name used here is solely meant for academic and awareness purposes and do not carry any commercial motive of Author or any of its associates.

Apostille and Consulate of Document

Apostille and Consulate of Document

A legal jargon used while we execute any document out of India is the Apostille and consulate. This Article apart from the other Intellectual Property Right Issues covers the basic concept for the Apostille and Consulate of document. It is presented in form of the FAQ for better understanding.

What is Apostille?

“Apostille” is a French Word which means, “certification”. In international scenario Apostille means by the certification of any document by the designated authority in one country which will be recognised as certified in other country where such document will be represented.

Where it is applicable?

“Apostille” is applicable to all the countries who are the party to the Apostille Convention or the Apostille treaty. Apostille treaty is an international treaty drafted by the Hague Conference on Private International Law.

Why I need Apostille?

“Apostille” is necessary for the recognition of document in another country. Further, the Countries who are the member o the Apostille convention are required to get the document Apostille.

Who are the countries members to the Apostille conventions?

India has become the member of the Apostille convention in 2005. Whereas, most of the developing countries are the party to the Apostille Convention.

Please take note that document Apostille in India shall not be recognised in Germany although both the countries are party to the Apostille convention.

What is Consulate of documents?

Consulate of the documents is a procedure for those countries who are not the party to the Apostille convention. If a person of Apostille convention country is required to submit any document with the authority of another country who is not the party to the Apostille convention is required to get the document authenticated from the Consulate or Embassy of that country.

Why  consulate is required?

Consulate is also a process for the recognition of document hence it is required to submit the documents with any other country.

For more information or query please write to iprsmith@rediffmail.com or iprsmith@yahoo.com

Dynamic Trademark Utility for Trademark Application

In India Trademark registration has become a lengthy process as the applications since long have been pending before the Registrar office. The contention of the public at large was that they could not retrieve the exact position of their trademark application in department.

Controller General of Patents, Designs & Trade Marks has enunciated a new feature of Dynamic Trademark Utility. Under this option the public at large can see the number of application pending before the registrar or in process at different levels.

The levels of the application since the date of Application and registration in trademark department is as follows:

1.       New Application

2.       Awaiting Examination

3.       Under Examination

4.       Post Examined

5.       Show Cause  Hearing

6.       Published & Awaiting Opposition

7.       Under Opposition

8.       Under Registration Process

9.       Registered

You may go through the link as follows for using the Dynamic Utility:

http://ipindiaonline.gov.in/progress/stockandflow.aspx