Trademark and Patent Facilitator Registration

Trademark and Patent Facilitator Registration

The Government of India has a Scheme for facilitating the Start-ups for their Intellectual Property Protection (SIPP). Start-ups can file applications for patents, designs & trademarks in appropriate IP offices by paying only statutory fees by availing the services of registered facilitators. The lists of Facilitators in Patents & Designs and Trademarks, registered with the office of CGPDTM, was published in IPO website in August 2016.

EXISTING FACILITATORS:

If the existing facilitators wish to continue with their name on the list then they are required to submit the Annexure-A with the TM Deptt.

NEW FACILITATORS

New Facilitator may apply to Department by filing Annexure-B with the Department.

Point to be taken Care:

1.   Annexure-A or Annexure-B shall be submitted to the Department on or before 20^th November, 2018.

2.       Annexure-A or annexure-B shall be sent through e-mail only to ho-cgoffice@gov.in.

3.       Only registered Agent may apply to register as Facilitator.

4.       If the existing facilitator fail to file the Annexure-A then their name shall get deleted automatically.

For more information visit: http://www.ipindia.nic.in/newsdetail.htm?468

INTELLECTUAL PROPERTY TALENT SEARCH EXAM

INTELLECTUAL PROPERTY TALENT SEARCH EXAM

As technical change reshapes the world economy, intellectual property (IP) has grown in importance and taken on a central economic role. The increasing globalization of economic affairs and the increased knowledge intensity of economic activities have lead to the emergence of knowledge economy.

ASSOCHAM and ERICSSON is jointly initiating Intellectual Property Talent Search Examination (IPTSE) to educate the intellectual property in India at school and college level.

The objective of the proposed Intellectual Property Talent Search Examination (IPTSE) is to help spread awareness on Intellectual Property and foster spirit of innovation and enterprise amongst India’s vast young talent pool. Besides, this initiative would help to identify and tap excellence in the realm of Patent, Copyright, and Trademark & Design – collectively known as Intellectual Property (IP). The modus operandi would entail dissemination of online module on IP followed by an online exam targeted at class IX to XII school students and college students. Further, this exam is for UGs (Undergraduation).

For more information visit www.iptse.com

USPTO Ten Million Patent Registration

USPTO 10,000,000 Patents!!!

Patent Number: US 10,000,000 awarded to Inventor Joseph Marron on 19th June, 2018 for his work COHERENT LADAR USING INTRA-PIXEL QUADRATURE DETECTION.

“This patent represents one of ten million steps on a continuum of human accomplishment launched when our Founding Fathers provided for intellectual property protection in our Constitution,” said Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office Andrei Iancu. “Some of the greatest leaps humanity has made have been fueled by our greatest inventors, Americans who have changed the course of history with their brilliance and dogged perseverance.”

Uncle Sam registered 10 millionth patent application on 19^th June, 2018. A journey started with registration of first Patent on 30^th July, 1790, US has crossed the number of 10 million.

President George Washington signs the first U.S. patent, granted to Samuel Hopkins for improvements in "the making of pot ash and pearl ash." On July 11, 1836, patent numbers reset and U.S. Patent no. 1 is granted to Senator John Ruggles, who also wrote the Patent Act of 1836.

“Innovation has been the lifeblood of this country since its founding,” said Secretary of Commerce Wilbur Ross. “Our patent system’s importance to the daily lives of every American has never been greater. Given the rapid pace of change, we know that it will not take another 228 years to achieve the next 10-million-patent milestone.”

USPTO since 1790 continuously helping to protect the rights of inventor in every respect. Over 228 years have been passed and Patent Registration have witnessed many changes and challenges in US. However, 10 million registration indicates that a country who protect the inventor gets the maximum advantage. You can get explanatory history at https://10millionpatents.uspto.gov/.

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.

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 13^th 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.

Patent Agent Examination 2018

Patent Agent Examination 2018

Registration for Patent Agent Examination-2018 shall start 17.07.2018 (12:00 Noon) on www.ipindia.nic.in

CGPDTM this year has proposed to organize the Examination of Patent Agent. A Patent Agent is a professional registered with the CGPDTM to impart Patent Registration services to the public at large. Career as Patent Agent is quite lucrative, challenging and promising. 

A Patent Agent not only provides the registration services but also helps an inventor to protect his rights. As Indian Government is developing the start-ups and new ideas are flooding in the market, a Patent Agent have a golden opportunity to make the most our of it.

Department is yet to advertise the date and other details, however, the aspirants may start their preparation for the exam. Patent Agent Exam papers can be downloaded from:

http://www.ipindia.nic.in/Patent-Agent-Examination.htm

It is quite obvious to understand that Registration as Patent Agent will not hamper your practice as Company Secretary or Lawyer. However, a pre-requisite for appearing in exam, is to have Bachelor Degree in Science. In order to become a Patent Agent you need not to have a degree of Law.

Subscribe the blog for updates and information. For any query please do comment.

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: 10^th 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

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

Most patent in world

The most patents credited as inventor is 11,353, achieved by Shunpei Yamazaki (Japan), as of 30 June 2016.

Shunpei Yamazaki is president of Semiconductor Energy Laboratory Co. Ltd.

The patents are held in 10 different countries and Europe. All 11,353 patents have been reviewed by 5 specialist witnesses and the total number has been confirmed on 8 September 2016.

IPR Application for Android

IPR App

Now Trademark/Patent can be tracked on your smartphone. Download official app of ipr released by government.

https://play.google.com/store/apps/details?id=com.ipo

SMS alert facility for Patent applications

SMS alert facility for Patent applications has been operationalized

CGPDTM has started the SMS alert facility for the applicants and agents where by they will receive alert informing them the progress of applications at various stages of processing. The alerts will also be indicating the timelines, non-compliance of which may lead to refusal/abandonment of application. In order to avail this facility, applicants and agents are requested to update their mobile numbers in the address for service for applications where mobile no is not already provided through Comprehensive e-filing portal of IPO.

Further, very soon the same facility will also be started for Trademarks applications.