Delhi IP

Unlike other laws Intellectual Property Law is also not transparent. It has grey areas, which has to be interpreted by the courts. Indian Patent Office (IPO) is empowered to confer Intellectual Property Rights (IPRs); however, the scope of its enforceability is determined by the courts. Further, the scope of claims in Intellectual Properties (IP) particularly patents have to be determined by the court when an infringement suit is arisen. On the other hand, registration doesn’t confer validity of Intellectual Property Rights (IPRs) for the whole term. These rights can be invalidated or challenged in the court of law during their subsistence. Therefore, there are cases when IP assets of one person is infringed by other person, ultimately give rise to cause of action to file a IP litigation. IP litigation is the process of settling a legal dispute pertaining to IP between the parties through appropriate court or tribunals. In these cases, the right holder always tries to get an  ad-in...

Below are few steps to be followed when someone want to register a trademark: Find a name which is not in use by someone else considering advertisement/product available in market; Get in touch with a qualified Attorney and get the trademark search done to ensure the registrability of trademark; Repeat the process in step 1 and 2 till a trademark with reasonable chances of success is found out; Get prepared a logo which is catchy in nature and can represent the relevant product/service in aesthetic manner; and Get the trademark application be filed for word (in case a wordmark is desired) or logo form. Once the trademark application is filed, follow-up the process, respond all the queries from the trademark office till the trademark is registered by the authority. We hope we answered all of your queries. Thanks & Regards, Delhi Intellectual Property LLP Phone: +91-9911456111 / +91-9911984111 Website:  www.delhiip.com Email:  info@delhiip.com

It is always better to protect a trademark in particular class. In case a company exists and doesn’t protect their name in particular business, the prior user of the mark in that class can object the company registering trademark in that particular class. For example, a company XYZ Pvt. Ltd. incorporated in 2000 and starts carrying out business of food items which falls any one of the classes amongst 29, 30, 31 and 32. Whereas, other person/company in 2005 get the name XYZ registered in all the classes 29, 30, 31 and 32. Later in 2010 on when the company XYZ Pvt. Ltd. want to get that trademark registered; it could not get the mark XYZ registered in all the classes, because it is already registered by someone else. Using prior user claim also, the company XYZ Pvt. Ltd. can only obtain registration in one class it has carried out business before the other proprietor. In other classes the trademark has been lost. We hope we answered all of your queries. Thanks & Regards, Delhi Intell...

Yes, you can file a fresh trademark application for the same mark for which you have dropped while facing objection. However, it is advisable to amend the mark if it is not filed properly or defend the application if filed correctly. In case the Registrar is not convinced with your submission, it is advisable to withdraw the trademark application with liberty to file a fresh trademark application again. In case you are facing any trademark objection, it is advisable to contact a reputed IP law firm. We hope we answered all of your queries. Thanks & Regards, Delhi Intellectual Property LLP Phone: +91-9911456111 / +91-9911984111 Website:  www.delhiip.com Email:  info@delhiip.com

Intellectual Property help businesses to keep them ahead of the competition by excluding others from not using their intellectual properties and creating monopoly environment in the market. In case the businesses do not protect their respective intellectual properties. The party which is capable would exploit all the intellectual properties and the (less financially capable) innovators would not get opportunities to establish in market. Therefore, protection of intellectual properties is much necessary in businesses. We hope we answered all of your queries. Thanks & Regards, Delhi Intellectual Property LLP Phone: +91-9911456111 / +91-9911984111 Website:  www.delhiip.com Email:  info@delhiip.com

An NDA is a non-disclosure agreement which imposes duty upon the recipient party to not to disclose/use information supplied by the disclosing party which is marked as confidential. Therefore, NDA saves your confidential information to be exploited without authority by the recipient party when it is disclosed for business negotiation purposes. It is always advisable to enter in a proper non-disclosure agreement before proceeding for any communication in respect to your confidential information/invention with any third party including discussion with a venture capitalist (VC) for your pitch deck. You can learn more about NDA from our another post at Delhi IP  ·  1y What is an NDA contract? Thank you for your question! An NDA is a non-disclosure agreement which imposes duty upon the recipient party to not to disclose/use information supplied by the disclosing party which is marked as confidential. Therefore, NDA saves your confidential information to be exploited without authori...

After filing patent application with complete specification, a patent application gets published. A patent application is examined only after filing a request for examination along with prescribed fee. The request for examination has to be filed within a strict timeline of  thirty one (31 months) from the priority date or earliest filing date of the patent application. A patent application is examined for preliminary defects as well as for the patentability. The preliminary defects cover procedural compliance and submission of all requisite documents. For ascertaining patentability, a thorough patentability search is conducted by the Indian Patent Office (IPO) and an examination report (generally called as first examination report (FER)) is issued. Normally, time taken by the Indian Patent Office (IPO) to issue the first examination report (FER) varies from few months to a year or two. The timeline also depends upon type of request for examination whether it’s ordinary or expedite....