Patent Amendment Rules 2024
The Indian Patent Office has recently published the Patent (Amendment) Rules 2024 on the official website.
The Patent (Amendment) Rules 2024 bring forth several significant changes: –
- Reducing the timelines of filing concerning the examination requests and procedures for Alterations to the frequency of submission for Form 3 (statement & undertaking regarding foreign applications) and Form 27 (statement of working of patents).
- Introduction of new provisions facilitating the acquisition of a certificate of ownership and the grace period.
- Streamlining the procedure of pre-grant opposition.
- Changes to the structure of existing forms and fees.
- Restrictions on the power of controllers to condone delays or irregularities. Read More
Patent by Prayagraj Institution for Earth-Friendly Banana Leaf Tea Pouches.
Two specialists from SHUATS, have introduced a sustainable and health-conscious alternative to traditional tea bags by utilizing banana leaves. Their research highlights a significant shift towards eco-friendly products, replacing plastic fibres with banana leaves known for their prolonged degradation and contribution to microplastic pollution.
The banana leaves undergo a meticulous process including cleaning, drying, perforating, and stitching to create fully biodegradable tea bags. This method ensures that the tea bags are environmentally friendly, addressing concerns about harmful residue and promoting quicker decomposition. This innovative approach not only provides a healthier option compared to plastic-infused tea bags but also aligns with efforts towards environmental conservation. The invention has been granted patent protection, recognizing its significant impact on sustainability in tea bag production. Read More
‘Fair and Handsome’ v. ‘Glow and Handsome’; Calcutta HC rules in favour of Emami in Passing Off Dispute Against Hindustan Unilever
This case pertains to trademark infringement and passing off under the Trademarks Act, 1999 (TM Act). The plaintiff, Emami Limited (Emami), a well-established company in the men’s skincare industry, has filed a lawsuit against Hindustan Unilever Limited (‘Hindustan Unilever’). Emami is seeking legal relief concerning Hindustan Unilever’s use of the phrase “Glow and Handsome,” which they allege bears a striking resemblance to Emami’s renowned brand “Fair and Handsome.” Emami contends that Hindustan Unilever’s actions constitute trademark infringement and passing off.
Despite Emami’s failure to establish infringement, the Honorable Justice Ravi Krishan Kapur granted relief to Emami for passing off. The Court noted the similarity between the marks “Fair and Handsome” and “Glow and Handsome,” acknowledging the potential that there can be confusion among consumers. Furthermore, the Court recognized that the intentional adoption of a mark resembling Emami’s, despite the lack of infringement, suggested an attempt by Hindustan Unilever to benefit from Emami’s goodwill. Read More
Delhi High Court restrains food outlets from using marks like “Domino’s”; directs Zomato, and Swiggy to de-list them.
The current petition aims to obtain a permanent court order prohibiting the violation of the plaintiff’s registered trademark “Domino’s Pizza” and its corresponding logo. Additionally, it seeks to prevent the defendants from engaging in the practice of passing off, which refers to the misrepresentation of goods or services as those of the plaintiff’s company. The plaintiff contends that the defendants’ actions have created a deceptive association with the plaintiff’s business, resulting in substantial financial detriments to the plaintiff.
The Honorable Justice Sanjeev Narula restrained all the defendants, and anybody acting on their behalf, from advertising, selling, offering for sale, and marketing any products, packaging, menu cards and advertising material, labels, stationery articles, website or any other documentation using, depicting and/or displaying the impugned marks “Domino”, “Domino’s”, “Dominon”, “Dominox”, “Dominoz”, “Domison”, “Domain’s” and/or any other identical or similar mark in any manner whatsoever, to cause confusion or deception leading to passing off of the said defendants’ products and services as those of the plaintiffs, and/or amount to infringement of the plaintiffs’ “Domino’s” trademarks. Read More
Delhi High Court declares ‘HALDIRAM’ as a “well-known mark” in respect of food items, restaurants, eateries.
Haldiram India LTD, the plaintiff in the present [SS1] suit has filed the suit seeking protection of its well-known mark “Haldiram” and a declaration for the same that this mark along with variations like “HaldiramBhujiawala” is well-known in terms of Section 2(1)(zg) of the Trade Marks Act, 1999 (‘the Act’). The plaintiff also seeks a decree of permanent injunction, which restricts the defendant from using the impugned mark ‘HALDIRAM’/‘HALDIRAM BHUJIWALA’ or any other marks that resemble the plaintiff’s mark ‘HALDIRAM for selling their products.
The Court held that the defendants, and all others acting for and, on their behalf, were restrained from using the impugned marks ‘HALDIRAM BHUJIAWALA’ and/or ‘HALDIRAM’s’ or any other marks that resemble the plaintiff’s marks, in any manner whatsoever. Furthermore, the Court granted a decree of declaration, declaring the mark ‘HALDIRAM’, and the Oval-shaped mark, as ‘well-known’ marks in respect of food items and in respect of restaurants and eateries. Read More
Delhi High Court restrains unauthorized use of mark ‘RAZORPAY’; directs blocking of Facebook/WhatsApp/Telegram Accounts.
In the present matter, the plaintiffs alleged that the defendant was perpetrating fraud upon the public by creating a false association with the plaintiffs, resulting in grave financial losses to the plaintiffs.
The Honorable Justice Sanjeev Narula restrained Defendant, and all persons acting on their behalf, from using the plaintiffs’ trademarks or logos, including ‘RAZORPAY’, and/or any deceptive variants thereof which were identical and/or deceptively similar to the plaintiffs’ “Razor” trademarks in any manner whatsoever, thereby amounting to infringement or passing off of the plaintiff’s trademarks. Read More
‘AMUL’ has gained a wide, comprehensive, and nationwide reputation; its protection transcends all classes having been declared a well-known mark: Delhi HC
In this matter a rectification petition was filed under Sections 47 and 57 of the Trade Marks Act, 1999 (‘the Act’) by the petitioner against Respondent, seeking rectification of the Register of Trade Marks by removal of Respondent’s trade mark (‘the impugned mark’), the Honorable Justice Anish Dayal was of opinion that earlier there was a little doubt that the trade mark ‘AMUL’ had gained a wide, expansive, comprehensive, and nation-wide reputation. The products of ‘AMUL’ are not restricted to only milk and milk products and are available only in retail stores but also in shops that are operated or franchised by AMUL, which sells Amul products exclusively.
This led to huge, undiluted, enduring significance for the “AMUL” mark and was relatable to the source of goods of the petitioners, and its protection would transcend all classes, having been declared a well-known mark. Accordingly, the Court allowed the rectification petition and removed the impugned mark from the Register of Trademarks. Read More
India ranks 42nd on the International IP Index 2024
India retained its 42nd rank on the International IP Index 2024, with an unchanged score of 38.64% since 2022, according to the report released by the US Chamber of Commerce. The report highlighted concerns regarding India’s intellectual property (IP) regime, citing the dissolution of the Intellectual Property Appellate Board in 2021 and an under-resourced judiciary as issues.
While acknowledging some strengths in India’s IP framework, such as the Cinematograph (Amendment) Bill 2023, the report urged top-ranked economies like the USA and the EU to reassert their leadership in IP policy. Additionally, it cautioned against counterproductive measures like IP waiversfor COVID-19 treatments. ReadMore
World Intellectual Property Day celebrated on 26th April 2024
This year’s theme was IP and the SDGs: Building our common future with innovation and creativity. The best way to celebrate this day is by educating ourselves about IP Laws. IPR has its route in the Paris Convention of 1883 which was signed to establish protection for industrial rights.
The international organization known as the World Intellectual Property Organization (WIPO) traces its origins to the Convention of 1970. In 1974, WIPO gained the status of a specialized agency within the United Nations system. Its key role involves assisting nations in establishing and implementing legal and administrative frameworks for safeguarding intellectual property. Read More
Centre leaning on startups, academia for telecom IPRs
Amid geopolitical uncertainties, the government has been emphasizing the need for self-sufficiency in telecommunication technologies, encompassing software and hardware components. According to officials, this can be achieved by fostering a comprehensive ecosystem within the country.
The strategy involves promoting research and development activities, focusing on fostering collaborations between industry and academic institutions. The goal of nurturing such partnerships and indigenous capabilities is to develop a robust and self-reliant telecommunication technology sector within the nation’s borders. Read More
Muhammad Ali’s brand pursues Trademark Applicant Targeting G.O.A.T
In a notable trademark dispute, Muhammad Ali Enterprises (“Plaintiff”) has initiated opposition proceedings against Be the GOAT Games (“Defendant”) over the use of the acronym “G.O.A.T.” (Greatest of All Time), which is closely associated with the legendary boxer Muhammad Ali. Another interested party, GOAT USA Inc., has also filed opposition in this matter. The main issue at hand is potential consumer confusion and brand dilution.
Plaintiff argues that “G.O.A.T.” is integral to their brand identity, suggesting that Defendant’s use of the acronym could mislead consumers and weaken the distinctiveness of their trademark. However, the dispute is complex because the term “Greatest of All Time” has been used widely across various industries for a long time, challenging the claim of exclusive trademark rights over this well-known acronym. Read More
MAKEMYTRIP v GOOGLE INC The Adwords issue reaches the Supreme Court.
The Supreme Court of India recently dismissed a Special Leave Petition (SLP) filed by MakeMyTrip India Pvt Ltd (“Petitioner”) challenging a December 14, 2023, judgment by a Division Bench of the Delhi High Court (“DB”). The DB had held that using registered trademarks as search engine keywords does not constitute infringement if it doesn’t cause confusion or unfair advantage.
The core issue before the Court was whether displaying the Petitioner’s and a competitor’s names on the same search results page might mislead consumers into believing they are related businesses. Ultimately, the Court upheld the DB’s decision, ruling that using a trademark as a keyword in Google Ads, particularly at the initial legal stage, does not inherently cause confusion or deception among consumers. Read More
Delhi High Court rules VIAGRA is the exclusive trademark of Pfizer
In a trademark infringement case, the Delhi High Court ruled in favour of the American pharmaceutical giant Pfizer, granting them exclusive ownership of the trademark ‘VIAGRA’ and awarding a permanent injunction against Renovision Exports Private Limited. The defendant, Renovision Exports Private Limited, was using the mark ‘VIGOURA’ for their products marketed as a ‘nervine tonic for men’ and ‘homoeopathic medicine invented in Germany.’
The Court found the defendant’s mark to be deceptively similar to Pfizer’s registered trademark ‘VIAGRA. ‘Upholding Pfizer’s exclusive rights over the ‘VIAGRA’ trademark, the Hon’ble Court issued a permanent injunction restraining Renovision Exports Private Limited from using the infringing mark ‘VIGOURA’ or any other mark that is deceptively similar to ‘VIAGRA. ‘Furthermore, the Court awarded nominal costs of INR 3 lakhs (300,000 Indian Rupees) to Pfizer as compensation for the infringement of their trademark rights. Read More
Delhi HC to adjudicate ownership dispute regarding the origins of Butter Chicken and Dal Makhani recipes.
The Delhi High Court is overseeing a trademark dispute between Moti Mahal (“Plaintiff”) and Daryaganj (“Defendant”), both claiming ties to the culinary legacy of butter chicken and dal makhani. Plaintiff alleges that Defendant’s use of the “DARYAGANJ” name misleads the public into thinking there is a connection with Plaintiff’s original “MOTI MAHAL” restaurant. Additionally, Plaintiff objected to Defendant modifying and using a historical image from the first Moti Mahal restaurant on their website.
The dispute intensified when Defendant filed a defamation suit against Plaintiff following a Wall Street Journal article that portrayed Defendant negatively in the context of the butter chicken and dal makhani invention dispute. The Defendant highlighted reputational damage caused by the term ‘cheats’ used in the article. The Court has directed the Plaintiff to submit an affidavit detailing efforts to distance themselves from the defamatory statements, with a hearing set for May 29, 2024. Read More
GI Tags of 2024
In 2024, several products from different states in India have been awarded the prestigious Geographical Indication (GI) tags. Here are some of the notable GI tags:
AmrohaDholak: A musical instrument made of natural wood such as mango, jackfruit, and teakwood from Uttar Pradesh.
MahobaGauraPattharHastashlip: A craft made of a unique and soft stone, scientifically known as ‘Pyro Flight Stone’, also from Uttar Pradesh.
MainpuriTarkashi: An art form of brass wire inlay work on wood, used for making khadaous, from Uttar Pradesh.
Sambhal Horn Craft: Handmade craft from Uttar Pradesh, made from raw material procured from dead animals.
Baghpat Home Furnishings: Known for their exceptional handloom home furnishing products, utilizing cotton yarn, from Uttar Pradesh.
Barabanki Handloom Product: Barabanki and its neighboring areas are famous for their weaving, with approximately 50,000 weavers and 20,000 looms.
Kalpi Handmade Paper: A significant hub for handmade papermaking, involving over 5,000 craftsmen and approximately 200 units, in Uttar Pradesh.
Additionally, other products like Gucci Mushroom from Jammu and Kashmir, Basohli Pashmina & Painting, Tweed fabric, Loi blankets from Kishtwar, and Chikri craft have also been in the news for seeking GI tags. Read More