Delhi IP

  Delhi IP is an Intellectual Property (IP) Law Firm in New Delhi, Noida, Gurgaon, Mumbai, Kolkata, Chennai, Jaipur, Hyderabad. We provide services of Patent, Design Patent, Trademark, Copyright, Technology Transfer, commercialization, IP Management and Enforcement & Litigation. We have Attorneys with technical background & technical experts to handle complex IP matters. We represent our clients before Patent & Design Offices, Trademark Registries, District Courts & Delhi High Court. We also have a strong network of lawyers to handle litigations before other [High] Courts. We always strive to serve our clients with best in class services at most reasonable fee. We provide customized services to our clients according to their intended goal.   Keyword(s): Patent Search, Patent in India, Patent Attorney, Patent Agent, Patent Agencies, Patent Lawyer, Patent filing in India, File Patent in India, Patent Registration in India, Patent Drafting, Patent Cost in In...

  Renewal of Trademark The  registration of a trademark  is valid only for a period of 10 years. After which, it can be renewed from time to time. Trademark renewal preserves those rights which are only available to a registered mark. In case the proprietor fails to renew the trademark, then he shall lose all the protection that comes along with registration. Application for renewal of the trademark can be filed on or before 6 months,  before the expiry  of the registration in a prescribed form before the Registrar along with the requisite renewal fee. A renewal request can also be filed within 6 months  after the expiry  of the renewal date along with the requisite late renewal fees. If the request is not filed and the fee is not paid within the aforementioned periods, the trademark is liable to be removed from the Register. Restoration of Trademark If more than six (6) months have lapsed from the renewal date and no renewal request has been filed, th...

  Trademark  is a unique sign, symbol, word, design or expression which is used to distinguish goods and services of one person from those of the other. In other words, a trademark is the identity of a brand. Further, from several judicial pronouncements shape of goods, colour combinations, sounds and smells are also recognized as trademark. In India, trademarks are governed by The Trademarks Act, 1999 (As modified and amended) & The Trademarks Rules, 2017. Whether it is necessary to register the trademark? To enforce trademark right, it is not necessary to register the trademark. An unregistered trademark can also be protected under common law; however, registration of trademark imposes several benefits on the owner of the trademark as follows: It helps the owner of the trademark to establish his/her prima facie case before court in case of infringement suit. It entitles the owner of a trademark for the benefits under The Trademarks Act, 1999. It prevents third parties to...

  During the process of Registration of  Trademark  there are two occasions where the provision for refusal of registration of Trademark can be refused. The first is objection and the second is opposition. Objection is raised by the examiner against registration of the mark whereas the opposition is raised by the third party. Once the examiner reviews the trademark and finds that it qualifies for registration, the trademark gets published in the Journal of the Trademark. According to section 21 of the Trademarks Act, 1999 any person can file the notice of opposition within three months (extendable by one month) from the date of publication of the mark in the official Journal. In section 21 “any person” comprise individual, companies or trust or any person can file the notice of opposition. In  Emjas Trust vs. Winston Food Co. (1991) PTC 10 (TMR)  it was held that a “trust” per se not represented by any trustee cannot file  notice of opposition . The jurisdi...

  The  Amendment of Patent application  is one of the most essential features of patent prosecution. The Indian Patents Act provides for amendment of an application for a patent or a complete specification or any related document, at any time either before or after the grant of patent, if controller thinks fit and subject to certain conditions. Provisions related to amendment of patent application Sections 57 and 59 of the Indian Patents Act, 1970 talks about amendment of: An application for a patent Complete Specification or any related document thereto The  amendment  can be made at any time before or after the grant of patent, if the controller so thinks fit and subjected to certain conditions. Further, Section 59 elaborates the conditions which are as follows, an amendment, Must only be done by the way of disclaimer, correction or explanation. Disclaimer means that removing something from the claim. It is basically done to limit the scope of claim. Correctio...

  Collective mark  is defined under section 2(1)(g) of the Trademarks Act, 1999 as a trademark distinguishing the goods and services of members of an association of persons from those of others. This association must not be a partnership. Examples of collective mark are CA used by Chartered Accountant, CPA for Certified Public Accountants. According to section 61(2) of Trademarks Act, 1999 all the provisions contained in the Trademarks Act are to be applied to the Collective marks. Essential condition to  register  collective mark There are two essential conditions for registration of the collective mark as follows: it should not deceive public or cause confusion among public in any manner. the applied mark should have some indication that it is a collective mark. If it does not have any such indication then the registrar may require that the mark for which trademark application is applied shall comprise of some indication that the applied mark is the Collective mark...