#Geographical Indication Mark Enforcement Services

[globalinvestigationservices]

Why Do You Need GI Mark Infringement Services to Guard Your Brand?

The current times of intense market competition and difficult economics have made it mandatory for a brand to exist. For the producers and businesses that have been allocated GIs, brand protection is of paramount concern. Wear and tear of such protection will not only be risky for the image of the brand but also it will be the reason behind underperformance and a source of confusion among the consumers. As a result, the services dealing with GI mark infringement have been developed. The core of the new resolutions is the preservation of the products' cultural heritage and the consequent sustaining of the quality of their promise to the customers, i.e., the trust of the consumers.

By various means, this publication unravels the nature and scope of these services, and it lists their positive aspects and supports Geographical Mark Investigation Services as the crusaders who are in charge of protecting the brands' culture and tradition against any form of infringement as indispensable. Such instances reiterate the importance of putting an emphasis on the brands' local roots to provoke empathy from the consumers through the stories narrating the making of the product.

What Are GI Marks and Why Are They Important?

A Geographical Indication (GI) Mark is a sign used to indicate products that have their place of origin in a specific area, and also have certain qualities, characteristics, or reputation that are directly associated with that place. The most widely-known examples are Darjeeling Tea, Mysore Silk, and Basmati Rice.

The products which come with a GI label are considered genuine and their value is coming from many things including geography, traditional culture, and handmade production. However, when people abuse these marks, the harm is not just limited to the economy — cultural heritage, as well as the trust of the consumers, are at risk. According to the World Intellectual Property Organization (WIPO), the annual amount of global trade losses due to fake GI products is in the billions.

It is in this context that investigations into GI mark infringement are carried out as a solution to enforce and protect the business.

The Role of GI Mark Infringement Services

GI mark infringement services are there for detecting, confirming, and dealing with the false application of GI tags in physical and online markets. In the majority of cases, such services are offered by law firms, agencies for intellectual property protection, and authorized investigators.

Many of the GI mark infringement services are to make sure of all the following regarding the products branded with a GI label:

Are produced in the registered geographical region

Follow the approved method of production

Meet the quality standards outlined in the GI registry

As a result of the implementation of Geographical Mark Investigation Services, replica commodities are detected, pieces of evidence are assembled, and legal procedures are kicked off. These steps are a means by which the genuine producers are safeguarded, and consumer confidence is kept.

How Investigations are Done

The approach taken by GI mark protection services appears to be very well described and all aspects are in good order, like they should be. Usually, this process is composed of several stages and requires engagement with societal representatives and the authorities.

1. Market Surveillance

Ongoing surveillance which is done in the physical markets, at exhibitions, and from web stores is undertaken. At this stage, the products which are suspected to be deceptive by the GI labels are identified. These labels are investigated in order to find out whether they are real or fake, and whether they have been correctly applied to the products as well as if they are GI conformant.

For example, the exclusively well-coordinated activities of the GI product investigation services led to the detection of fake "Banarasi Sarees" being marketed in the metropolitan cities and on the internet at a much lower price than the originals.

2. Evidence Collection and Documentation

When the product in question has, on the basis of some determinations, been designated as doubtful, then the agents are left to harvest some evidence of the product such as:

Samples of the product

Images of packaging and labeling

Purchase receipts

Seller interviews

Then, after the data collection, the information undergoes a review in order to assure the product's conformance with the Geographical Indication Act and regional GI guidelines.

3. Legal Collaboration and Enforcement

Theft and related offences and should there be any, consequent actions can be taken. Legal [informal concept] may be given to the infringer through the platform, and should it be necessary, a criminal lawsuit is filed.

It has also resulted in the culprits being given fines and their commercial activities being curtailment through the cancellation of their trading licenses.

The Benefits of GI Mark Infringement Services

The provision of professional GI tag infringement services can be a major game-changer for producers and the business sector. Some of the benefits that they provide are:

1. Brand Protection and Market Trust

One of the things that make the removal of imitation products from the market a good thing is that the real product's image remains intact. Brands that are very active in the issue consumers with trust due to the authenticity that the brands ensure.

2. Economic Safeguarding for Producers

Producers who offer genuine articles most often rely on traditional methods and local customs. Also, the services guarantee that these producers are not overrun by imitators therefore, they are able to perform very well.

3. Adherence to Intellectual Property Laws

The producers can understand compliance with GI mark to keep their products on the legal side. Through this monitoring, they will be able to avoid disputes, penalties, or lawsuits.

4. Online Monitoring of Platforms

Most of the GI tag monitoring services have now become online brand protection platforms against counterfeiters on the e-commerce market. It is very important today to have such a monitoring service, because the internet has made the sale of counterfeit goods very easy. Through this channel, the brands are tracked and the offenders are reported upon.

Challenges Faced in Protecting GI Marks

Despite the presence of Geographical Mark Investigation Services, there are still a few challenges in the fight against GI fraud:

Low consumer awareness about GI certification

Lack of standardized digital verification methods

Minimum or no sanctioning of offenders mostly in rural or informal markets

High cost of legal proceedings for small producers

Research by the Indian Institute of Foreign Trade (IIFT) revealed that hardly over 30% of consumers knew about GI tags or why they are important, which makes it even more difficult for the products to be traced and reported if fake.

In order to resolve these challenges, the collaboration of public institutions, provisional enterprises, and social groups should be aimed at.

A Human-Centric Approach to GI Protection

The overwhelming power of GI mark violation procedures is their being a real help to both manufacturers and customers. Support from GIs certification investigation services helps the keepers of traditional arts and crafts, food growers, and handicraft persons maintain their livelihood and receive proper recognition.

In the same manner, patrons gain the knowledge that legitimately they are spending their money on the products that are real, of good quality, and obtained in a legal way. A bond of trust is established among the stakeholders, which leads to a more respectful and sustainable trading environment.

Conclusion

The instant problem related to GI marks infringement is not only legal but also cultural and economic. Thus, the scare known as Geographical Mark Investigation Services is effectively preventing the brands connected with tradition and purity from being attacked every time.

Marketplaces mature and ways of trade multiply thus making the possibility of GI tag misuse even more significant. However, with meticulous surveillance work, investigation, and enforcement, the protection of GI-labeled products becomes a reality.

From the producers' side, also the artists, and buyers nothing is questioned: GI marks, should be the services to help them be sure that can be protected reiterate, yes? - and also consumers (via the right services) who agree.

[amitcontentwriter]

Registered vs. Unregistered Trademarks: What Every Founder Should Know

In today’s hyper-competitive market, building a strong brand is no longer optional—it's essential. Whether you're launching a tech startup, scaling a fashion label, or opening a consultancy, your brand name, logo, and identity are core business assets.

But here’s the catch: simply using a brand name doesn’t mean it’s protected. This is where company trademark registration becomes crucial. To make an informed decision, every founder needs to understand the key differences between registered and unregistered trademarks—and how each impacts your business.

What Is a Trademark?

A trademark is any symbol, word, phrase, logo, or combination that distinguishes your business from others. It represents your brand’s identity and builds trust with your customers.

But not all trademarks are created equal.

What Is an Unregistered Trademark?

An unregistered trademark (also known as a common law trademark) is a mark you use in the course of your business without formally registering it with a government trademark office.

You may have seen the ™ symbol used by businesses. This indicates an unregistered mark.

Pros of Unregistered Trademarks:

Free and instant: No cost or lengthy application process.

Local recognition: Offers some protection in the geographic area where the mark is used.

Cons:

Limited legal protection: You may have trouble enforcing rights in case of infringement.

No nationwide or international coverage.

Burden of proof is on you: You must prove you were the first to use the mark in a dispute.

What Is a Registered Trademark?

A registered trademark is officially recorded with the trademark office in your country (e.g., IPOS in Singapore, USPTO in the U.S.). It gives you exclusive rights to use the mark in connection with specific goods or services.

Once registered, you can legally use the ® symbol.

Benefits of Company Trademark Registration:

Exclusive Rights: You gain the legal right to prevent others from using identical or similar marks.

Nationwide Protection: Your brand is protected across the entire country, not just in areas where it's known.

Easier Enforcement: Legal action is clearer and stronger in cases of infringement.

Business Credibility: Registration adds legitimacy and shows customers and investors that your brand is serious.

Licensing & Expansion: Registered trademarks can be licensed, franchised, or sold as business assets.

International Application Made Easier: With registration, it’s simpler to apply for trademark protection in other countries.

Key Differences at a Glance:

FeatureUnregistered TrademarkRegistered TrademarkLegal ProtectionLimited, localStrong, nationwide (or wider)CostFreeApplication and maintenance feesEnforcement PowerWeaker, hard to proveStrong legal standingUse of Symbols™ symbol® symbol (after approval)Transferability & LicensingDifficultRecognized business assetExpansion & FranchisingRiskierMore secure and credible

Why Company Trademark Registration Matters for Founders

As a founder, your brand is one of your most valuable assets. Whether you’re raising funds, entering new markets, or launching new products, company trademark registration protects your reputation and prevents costly disputes.

In the early stages of a business, skipping trademark registration may seem like a money-saving move. But as your brand grows, the risks of not registering far outweigh the costs. Losing your brand name to another company or fighting a legal battle to prove ownership—can stall or even sink a growing business.

Final Thoughts

Think of trademark registration as brand insurance. It’s a one-time investment that secures your identity, protects your business, and gives you peace of mind as you grow.

Don’t leave your brand vulnerable. Whether you’re still brainstorming names or already building traction, take the next step and explore company trademark registration today.

[trademarkprotection]

Difference Between Registered & Unregistered Trademarks

To prevent consumers from confusing their brand with others, businesses need trademarks, which act as identity shields by establishing product differentiation from competitors. Each trademark is entitled to varying degrees of legal protection under the law. Businesses seeking protection of their intellectual property rights need to understand properly between registered trademarks and unregistered trademarks.

What is a Trademark?

Companies use unique symbols, words, phrases, logos, or designs to establish product or service identification. The protection of trademarks helps businesses protect their brand recognition while stopping competitors from inappropriate brand utilization.

Registered Trademark vs. Unregistered Trademark

A registered trademark exists under government authority like the Indian Trademark Office, while unregistered marks rely on common law rights, such as the passing off principle, which grants limited protection. Registered trademarks receive superior protection than unregistered trademarks because of their registration status.

What is a Registered Trademark?

A registered trademark gains official status through trademark office recording, granting its owner exclusive rights to use the mark in connection with the registered goods/services across the country. The registered trademark carries an official identifier mark denoted by the symbol ®.

Advantages of Registering a Trademark

Exclusive Rights: The owner of a registered trademark has the exclusive right to use the mark for the registered goods and services.

Legal Protection: Trademark registration provides strong legal protection and makes it easier to enforce rights against infringers.

Nationwide Coverage: A registered trademark offers protection across the entire country.

Brand Protection: It helps prevent competitors from using a similar mark that could confuse customers.

Trademark Benefits in Legal Disputes: A registered trademark owner has a stronger legal position in disputes regarding ownership and validity of the mark.

Global Recognition: A registered trademark can be used as a basis for international trademark applications.

Monetary Benefits: A registered trademark can be licensed, sold, or franchised, creating additional revenue streams.

What is an Unregistered Trademark?

An unregistered trademark is a mark that a business uses in commerce without formally registering it. Practicing business with unregistered trademarks depends on common law trademark rights that provide restricted protection.

Legal Protection for Unregistered Trademarks

Common Law Rights: Under common law, businesses can claim rights over an unregistered trademark based on usage and reputation.

TM Symbol: Owners of unregistered trademarks can use the TM symbol to indicate their claim over the mark.

Geographical Limitations: Unlike a registered trademark, protection for an unregistered trademark is limited to the geographical area where it is actively used.

Enforcement Challenges: Enforcing an unregistered trademark in court requires proving reputation, goodwill, and consumer confusion.

Risk of Infringement: An unregistered trademark does not prevent others from registering a similar or identical mark, leading to potential legal disputes.

TM vs. ® Symbol: What Do They Mean?

TM Symbol: Used for unregistered trademarks to indicate a claim over the mark.

® Symbol: Used for registered trademarks, signifying legal protection and exclusive rights.

How to Protect an Unregistered Trademark?

Even without registration, businesses can take steps to protect their unregistered trademarks:

Consistent Use: Continuously use the trademark in commerce to establish rights.

Maintain Records: Keep records of usage, including invoices, advertisements, and branding materials.

Monitor the Market: Watch for potential infringements and take legal action when necessary.

Legal Notices: Send cease-and-desist letters to infringers to assert your common law rights.

Common Law Rights for Trademarks in India

The common law passing off principle safeguards unregistered trademarks in India. The trademark owner needs to present evidence which demonstrates:

Ownership of the mark

Reputation and goodwill associated with the mark

Consumer confusion caused by the infringer

Why Trademark Registration is Important for Businesses

Provides strong legal protection

Enhances brand recognition and credibility

Protects against infringement and misuse

Increases business valuation and marketability

Can an Unregistered Trademark Be Enforced?

The enforcement process for unregistered trademarks is more challenging due to legal requirements, but not impossible. The owner can file a passing off suit under Indian law by proving goodwill, misrepresentation, and damage. The trademark owner needs to establish extensive usage combined with reputation along with consumer confusion to succeed in court cases which creates a lengthy and expensive judicial proceeding.

Legal Risks of Using an Unregistered Trademark

Higher risk of infringement claims

Limited protection against competitors

Difficulty in enforcing rights

Potential loss of brand identity if someone else registers the mark

How to Convert an Unregistered Trademark into a Registered One

To upgrade an unregistered trademark to a registered trademark:

Conduct a Trademark Search: Ensure the mark is unique and not already registered.

File a Trademark Application: Submit an application with the relevant trademark office.

Respond to Objections: Address any objections raised during the examination.

Publication and Opposition Period: The mark is published for public review, allowing third parties to oppose it.

Trademark Registration Certificate: Once approved, the trademark is officially registered and protected.

Conclusion

The main distinction between registered and unregistered trademarks exists in both legal protection and enforceability. An unregistered trademark lets you establish a claim to name ownership but registration of your trademark through official channels brings better legal protection and universal mark exclusivity. A business needs trademark registration as a means to protect intellectual property together with control of potential legal issues. To ensure maximum legal protection and maintain brand identity, you should register your trademark, even if you have previously used it without registration.

[preferus]

Trademark Registration Ahmedabad: A Comprehensive Guide

Hey Ahmedabad business owners! 📢 Are you ready to protect your brand and intellectual property? We’ve got your back with easy Trademark Registration services in Ahmedabad. 🌐✍️ Protect your business name and get legal security now. Reach out to us to begin! 💼🔒

For new business registration and support, contact preferus.in today. 🌌🚀

Check out us — https://preferus.in/practice-area/trademark-registration/

Understanding Trademark Registration:

Trademark registration is the legal process of protecting a brand name, logo, slogan, or any distinctive mark associated with a product or service. In Ahmedabad, as in the rest of India, trademark registration is governed by the Trademarks Act, 1999, and administered by the Office of the Controller General of Patents, Designs, and Trademarks (CGPDTM).

Trademark Registration Process Ahmedabad:

The trademark registration process in Ahmedabad involves several steps:

Trademark Search: Conduct a comprehensive search to ensure that the proposed trademark is unique and does not infringe upon existing trademarks.

Application Filing: Submit a trademark application to the CGPDTM, including details such as the trademark, goods or services covered, and applicant information.

Examination: The trademark office examines the application to assess its compliance with legal requirements and existing trademarks. Any objections or deficiencies must be addressed promptly.

Publication: If the application meets all requirements, it is published in the Trademarks Journal for public scrutiny. Third parties have the opportunity to oppose the registration within a specified period.

Registration: Upon successful completion of the examination and opposition period, the trademark is registered, and a registration certificate is issued.

Benefits of Trademark Registration Ahmedabad :

Trademark registration offers several benefits to businesses operating in Ahmedabad:

Legal Protection: Registering a trademark provides exclusive rights to use the mark in connection with the goods or services it represents, preventing others from using a similar mark.

Brand Recognition: A registered trademark enhances brand visibility and recognition among consumers, fostering trust and loyalty.

Asset Value: A registered trademark is a valuable business asset that can appreciate over time, contributing to the overall worth of the company.

Market Expansion: With a registered trademark, businesses can expand their operations geographically without the risk of brand dilution or infringement.

Trademark Renewal and Maintenance:

In Ahmedabad, trademark registration is valid for ten years from the date of filing and can be renewed indefinitely for successive ten-year periods. Regular renewal ensures the continuous protection of the trademark against infringement.

Trademark Enforcement and Protection:

Once registered, it is essential to actively enforce and protect your trademark rights in Ahmedabad. This includes monitoring the market for potential infringement, taking legal action against infringers, and displaying the ® symbol to indicate trademark ownership.

Trademark Infringement and Remedies:

In the event of trademark infringement in Ahmedabad, the trademark owner can pursue various remedies, including:

Cease and Desist Letter: Sending a formal notice to the infringing party demanding the cessation of unauthorized use of the trademark.

Legal Action: Filing a lawsuit in the appropriate court to seek injunctions, damages, and other remedies for trademark infringement.

Customs Protection: Registering the trademark with the Indian Customs authorities to prevent the importation of counterfeit goods into Ahmedabad.

Trademark Registration Services in Ahmedabad:

Prefer us Trademark Registration Consultants in Ahmedabad offer professional services to assist businesses with trademark registration. These services include trademark searches, application filing, prosecution, and enforcement, ensuring a smooth and efficient registration process.

Documents Required for Trademark Registration in Ahmedabad:

Trademark Application Form: A completed trademark application form providing details such as the name, address, and business type of the applicant, as well as a representation of the trademark.

Identity Proof of Applicant: Any government-issued identity proof of the individual or organization applying for trademark registration, such as a PAN card, Aadhar card, passport, or driver’s license.

Address Proof of Applicant: A valid address proof of the individual or organization applying for trademark registration, which may include a utility bill, rental agreement, or property deed.

Trademark Representation: A clear representation of the trademark, which could be in the form of a logo, wordmark, slogan, or combination thereof. It should be provided in a format suitable for reproduction, such as JPEG or PDF.

Trademark Description: A detailed description of the goods or services for which the trademark is being used or intended to be used. This helps classify the trademark under the appropriate trademark classes.

Power of Attorney: In cases where the trademark application is filed through a trademark agent or attorney, a power of attorney authorizing the agent or attorney to act on behalf of the applicant is required.

Priority Document (if applicable): If the trademark application claims priority based on an earlier application filed in a convention country, a certified copy of the priority document along with its translation (if not in English) is required.

Proof of Trademark Use (if applicable): If the trademark has been in use before the date of application, documentary evidence of such use, such as invoices, packaging labels, or advertising materials, may be required.

Trademark Assignment Deed (if applicable): If the trademark is being transferred or assigned from one party to another, a duly executed trademark assignment deed is required to establish the ownership transfer.

Authorisation Letter (if applicable): In cases where the trademark application is filed by an authorized representative on behalf of the applicant, an authorization letter granting the representative the right to file the application is required.

Conclusion:

Trademark registration is a vital aspect of business strategy for companies in Ahmedabad seeking to establish and protect their brand identity. By understanding the trademark registration process, leveraging legal expertise, and actively enforcing trademark rights, businesses can safeguard their intellectual property and thrive in the dynamic marketplace of Ahmedabad.

FAQs about Trademark Registration in Ahmedabad

1. What is a trademark?

A trademark is a unique symbol, word, phrase, design, or combination thereof that identifies and distinguishes the goods or services of one party from those of others.

2. Why is trademark registration important in Ahmedabad?

Trademark registration in Ahmedabad provides legal protection for your brand, preventing others from using similar marks and helping build brand recognition and trust among consumers.

3. Who can apply for trademark registration in Ahmedabad?

Any individual, business, or legal entity that owns a trademark or intends to use a trademark in connection with goods or services can apply for trademark registration in Ahmedabad.

4. How long does the trademark registration process in Ahmedabad take?

The trademark registration process in Ahmedabad typically takes about 12 to 18 months from the date of application filing to registration, depending on factors such as examination, publication, and any opposition proceedings.

5. What can be registered as a trademark in Ahmedabad?

In Ahmedabad, any distinctive mark such as words, names, logos, symbols, slogans, or a combination thereof that distinguishes the goods or services of one business from those of others can be registered as a trademark.

6. Where can I get assistance with trademark registration in Ahmedabad?

Preferus Company in Ahmedabad offers professional services to assist with trademark registration, including conducting searches, filing applications, and providing legal advice and representation throughout the registration process.

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GI Mark Enforcement | GI Marks

GI Marks is a leading provider of comprehensive GI Mark Enforcement services, dedicated to safeguarding the integrity and authenticity of products bearing Geographical Indication (GI) marks. With a focus on protecting intellectual property rights and upholding industry standards, we offer tailored enforcement solutions to combat unauthorized use, counterfeiting, and infringement of GI marks.

At GI Marks, we understand the importance of GI marks in preserving cultural heritage, promoting economic growth, and ensuring consumer confidence. Our specialized GI Mark Enforcement services are designed to address the unique challenges faced by brands and organizations in protecting their GI-marked products from illicit activities.

Our approach to GI Mark Enforcement is multi-faceted and proactive, encompassing various strategies to identify, deter, and combat infringement. From comprehensive monitoring of the market for unauthorized use of GI marks to conducting investigations into suspected violations, we leave no stone unturned in protecting our client’s interests.

With a team of experienced professionals and industry experts, GI Marks is equipped to handle complex enforcement cases with precision and efficiency. We leverage cutting-edge technologies, data analytics, and legal expertise to gather evidence, build cases, and pursue legal action against infringers.

Our commitment to excellence and integrity sets us apart as a trusted partner in GI Mark Enforcement. We work closely with our clients to develop customized enforcement strategies tailored to their specific needs and objectives. Whether it’s taking swift legal action against infringers or implementing proactive measures to prevent future violations, GI Marks is dedicated to achieving optimal outcomes for our clients.

Trust GI Marks to provide effective and efficient GI Mark Enforcement services that deliver results. Contact us today to learn more about how we can assist you in protecting your GI marks and preserving the authenticity of your brand.

[mnmlawpartners]

Understanding Intellectual Property Law: A Beginner's Guide

Intellectual property law is an important but little-known area of the law. At the heart of our knowledge-driven economy, encouraging financial growth and fostering creativity depend on intellectual property and its protection. Let's examine the core concept of intellectual property law as well as some of its key features. What Is an Intellectual Property Law? Intellectual Property Rights (IPR) encompass the legal entitlements granted to inventors or creators, safeguarding their inventions or creations for a specified duration. These rights bestow exclusive privileges upon the inventor/creator or their assignee, allowing them full utilization of their invention or creation within the designated time frame. Importance of Intellectual Property Law in a Business For a thriving business environment, the safety of original ideas and strategies is pivotal. Intellectual Property Law comes into play here, Intellectual and Property Rights Safeguarding: Protecting intellectual and property rights is fundamental for securing innovations and creations. Expert Guidance from IPRs, Copyright, and Patent Attorneys: Consulting copyright lawyers, IP attorneys, and patent law experts ensures comprehensive legal protection. Navigating Patent Law Challenges: Skilled patent attorneys adeptly handle complexities in patent law, offering invaluable expertise. Adherence to Copyright Law and IPR Legal Compliance: Legal copyright practices and compliance with IPRs are vital for avoiding infringements. International Patent Law and Trade Mark Act Alignment: Aligning with international patent laws and the Trade Mark Act 1999 fosters global business strategies. Types of Intellectual Property Identification: Recognizing and identifying various intellectual property types is crucial for comprehensive protection. Efficient Trademark Attorney Services: Engaging trademark attorneys ensures effective protection under trademark laws. Role of Patent Law Firms and Copyright Solicitors: Partnering with patent law firms and copyright solicitors strengthens legal defense against infringements. Patent Attorney Registration and Expertise: Registration of patent attorneys ensures a high level of competence in the field.

7 Types of Intellectual Property to Protect Your Business Intellectual Property Law extends its blanket of protection across various aspects including - Copyright - Protects original works of authorship such as songs, books, films, paintings, software, and more Trademarks - Protects names, logos, and slogans that distinguish your business from others Patents - Offers exclusive rights over unique inventions allowing you to control its manufacturing, selling, or use. Geographical Indications - A sign used on goods having a specific geographical origin and possessing qualities, reputation, or attributes essentially attributable to the place of origin. Plant Varieties - Rights over new or novel plant varieties that you've bred or discovered. Industrial Designs - Rights over particular shapes, patterns, or colors applied to a manufactured product. Semiconductor Integrated Circuit Layout Designs - Protects the unique layout design of integrated circuits in computer hardware. Why Is It So Difficult to Protect Intellectual Property? Protection of intellectual property comes with its set of challenges. Monitoring its use on an omnipresent and borderless platform, the internet, is a Herculean task, particularly with the surge in digital technology. Identifying infringement can be complex and proving it in a court of law can even trickier. The enforcement of these rights worldwide is further complicated by the variations in intellectual property laws throughout nations. What Is Misuse of Intellectual Property Rights? Misuse of intellectual property rights implies the unethical or illicit use of another's intellectual property without their consent. This includes blatant copying, unauthorized use, failure to pay a royalty or avoiding the rights holder’s permission. It includes the legality fine line and may give rise to legal action. What Is the Penalty for Intellectual Property Infringement? Depending on the severity of the infraction and the jurisdiction it occurs in, Intellectual Property Law infringement penalties can vary from hefty fines to criminal consequences, including imprisonment. Civil Penalties: Monetary damages awarded to the rights holder for losses incurred due to infringement. Injunctions: Court orders prohibiting the infringing party from continuing the unauthorized use of the intellectual property. Criminal Penalties: In serious cases, criminal charges may lead to fines and imprisonment for the infringing party. Seizure of Infringing Goods: Authorities may seize counterfeit or infringing products. Statutory Damages: Pre-established damages set by law, often applied in cases where actual damages are challenging to quantify. Legal Costs: Infringing parties may be required to cover the legal costs of the rights holder.

Who can Assist you with Intellectual Property Law? Contact M&M Law Partners. Navigating the nuances of Intellectual Property Law could be intimidating. Reach out to the experts at M&M Law Partners, The Best Corporate Lawyers in Delhi, who can guide you through the process, help you assert your rights, and protect your hard-earned ideas and creations. FAQ How Long Does Intellectual Property Last? It depends on the type of intellectual property. For instance, a patent usually lasts 20 years, while a copyright extends for the life of the author plus 70 years. Can I Sell Intellectual Property? Yes, you can sell or license intellectual properties much like any tangible asset. Can I Lose a Patent? A patent can lapse if the maintenance fees are not paid or if the patented invention isn’t manufactured or used within a set period. What Cannot Be Protected as Intellectual Property? You can’t protect business ideas, mathematical models, unoriginal works, facts, or laws of nature as intellectual property. Who Issues a Patent? In the U.S., the United States Patent and Trademark Office (USPTO) issues patents. Remember that investing in intellectual property protection helps your firm expand rather than becoming another task. As they say, knowledge is power, and in this case, it is also your industry influence – guard it wisely.

[drmwebsolutions01-blog]

E Book Drm & Success

The acquisition of Code Green Networks supplied Digital Guardian with community, discovery, and cloud data loss prevention. In 2008, Verdasys launched SiteTrust, an encryption software service for banks, brokerages, and different big companies that served prospects over the Internet and had been legally liable for losses from on-line fraud. 

Lock access only to sure IP addresses, areas, or gadgets. This implies that if your media is just out there to US residents, then it will not be accessible to folks in different international locations. Disallow users from creating screenshots or display screen grabs of your content.

drm web solutions Lock PDFs to specific computer systems or USB units, or allow Web Viewer use . Digital assets comprise a substantial portion of the content that people devour and work together with each day. 

The digital world opens up the door to an entire new realm of prospects when it comes to protecting sensitive data, together with intellectual property. Far gone are the days when authors wanted to be concerned only with shoppers running a guide through a duplicate machine.

Wikipedia is hosted and funded by the Wikimedia Foundation, a non-revenue organization which additionally operates Wikipedia-associated projects such as Wiktionary and Wikibooks. The foundation depends on public contributions and grants to fund its mission.

The Microsoft operating system, Windows Vista, incorporates a DRM system referred to as the Protected Media Path, which incorporates the Protected Video Path . PVP tries to stop DRM-restricted content material from enjoying while unsigned software is operating, to be able to stop the unsigned software from accessing the content.

It could extra particularly comply with the biases of Internet tradition, inclining to be young, male, English-speaking, educated, technologically aware, and wealthy enough to spare time for enhancing. Biases, intrinsically, could embrace an overemphasis on subjects such as pop culture, technology, and present events.

 Research carried out by Mark Graham of the Oxford Internet Institute in 2009 indicated that the geographic distribution of article subjects is extremely uneven. Across 30 language editions of Wikipedia, historic articles and sections are usually Eurocentric and focused on current events. 

As a consequence of the open structure, Wikipedia "makes no assure of validity" of its content, since no one is in the end liable for any claims appearing in it.

Digital watermarks are steganographically embedded inside audio or video information throughout production or distribution. They can be utilized for recording the copyright proprietor, the distribution chain or figuring out the purchaser of the music. 

They usually are not full DRM mechanisms in their own proper, however are used as part of a system for copyright enforcement, such as helping provide prosecution proof for legal functions, rather than direct technological restriction.

 Adobe's DRM is applied to EPUBs and PDFs, and can be learn by a number of third-get together e-e-book readers, in addition to Adobe Digital Editions software program. Barnes & Noble uses a DRM know-how provided by Adobe, applied to EPUBs and the older PDB format e-books.

Such customers ought to have the opportunity to appeal and have that attraction read by a human. Banned users or customers who have had posts deleted ought to be notified with clear reasons. 

The EFF has lengthy been an advocate of paper audit trails for voting machines and testified in support of them after the United States presidential election 2004. Later, it funded the analysis of Hariprasad Vemuru who exposed vulnerabilities in a specific model.

In this blog, we’ll explore DRM content in detail, considering the advantages, challenges, and use instances of digital rights administration software within the knowledge-driven age. Matthew Gonnering was appointed as CEO in 2009 and steered the company additional in the direction of the software as a service mannequin. 

Widen Enterprises has since developed its software program right into a cloud primarily based digital management hub that permits customers to readily access and manage their digital belongings and product data data.

 Alongside the software program, the corporate has targeted its efforts on customer experience by offering companies to help in the production and implementation of digital property, in addition to training and consultancy on the digital asset management course of.

Michael Fauscette Industry Internet, Research, B2B, SaaS, Services Products Reviews Employees360 URL is a peer-to-peer review web site headquartered in Chicago, Illinois. The firm was launched in May 2012 by former BigMachines staff, with a focus on aggregating person reviews for business software.

 The modification to your radio is similar in principle to a discriminator faucet from a scanner. The detector sign is fed from the receiver into your sound card enter, the place the DRM software program can decode it.

 It is sometimes necessary to add some guide attenuation because the software program may be very sensitive to being overdriven, and some sound  card software program can not cut back the level low sufficient.

Google is a software group that provides a piece of software referred to as Widevine. Widevine is digital rights administration software program, and includes options such as audio / video safety, distribution administration, and subscription management.

[esignaturetips]

The Power of eSignature: Enhancing Efficiency and Affordability with WeSign

In today's fast-paced digital era, traditional paperwork and physical signatures can be time-consuming, cumbersome, and expensive. Thankfully, technology has revolutionized the way we handle document signing, introducing the concept of eSignatures or electronic signature. WeSign, a leading provider in the field, offers a reliable and cost-effective solution for businesses and individuals seeking to streamline their document signing processes. In this article, we will explore the power of eSignatures, highlighting the benefits they bring and how WeSign's affordable services can transform your workflow.

Understanding eSignature:

Before diving into the benefits of eSignature, let's clarify what exactly they are. An eSignature, also known as a digital signature or electronic signature, is a digital representation of a person's handwritten signature or a specific mark that is used to authenticate documents electronically. It serves as a legally binding method to indicate consent, approval, or acknowledgement on various types of agreements, contracts, and other legal documents.

The Benefits of eSignature:

Time and Cost Savings: With eSignatures, there's no need to print, mail, or physically handle documents. This eliminates the associated costs of paper, ink, postage, and storage. Additionally, the time-consuming process of waiting for documents to be signed, mailed back, and manually processed is significantly reduced. Instead, documents can be signed and returned digitally within minutes, enhancing efficiency and productivity.

Improved Workflow Efficiency: eSignature solutions like WeSign provide a streamlined and intuitive interface, making it easy to upload, send, and sign documents electronically. Multiple signers can collaborate on the same document simultaneously, eliminating the need for physical meetings or coordinating schedules. The ability to track the status of documents in real-time ensures transparency and helps avoid delays in the signing process.

Enhanced Security and Legality: Many eSignature platforms, including WeSign, utilize advanced security measures to ensure the integrity and authenticity of signed documents. Encryption technology protects sensitive information, and audit trails track every step of the signing process, providing a comprehensive record of actions taken. Additionally, digital signature adhere to various international legal frameworks and regulations, ensuring their legal validity and enforceability.

Convenience and Accessibility: eSignatures offer unparalleled convenience and accessibility. Documents can be signed from anywhere, at any time, using any internet-enabled device. Whether you're in the office, at home, or on the go, you can easily review, sign, and send documents with just a few clicks. This flexibility eliminates geographical constraints and facilitates collaboration with stakeholders across different locations.

WeSign: Affordable and Reliable eSignature Services:

WeSign understands the need for affordable and user-friendly eSignature solutions. Whether you're a small business, a freelancer, or an individual, WeSign's services cater to a wide range of requirements. Here are some key features that set WeSign apart:

Affordable Pricing: WeSign offers competitive pricing plans tailored to suit various needs and budgets. Their plans are designed to provide maximum value while ensuring cost-effectiveness. With WeSign, you can enjoy the benefits of cheap digital signature and cheap electronic signature without breaking the bank.

Ease of Use: WeSign's intuitive interface makes it easy for users of all levels of technical expertise to navigate and utilize the platform. The user-friendly dashboard guides you through the document signing process, allowing you to upload, send, and sign documents seamlessly.

Versatile Document Types: WeSign supports a wide range of document types, including contracts, agreements, invoices, HR documents, and more. Regardless of the industry or nature of your business, WeSign ensures that you can sign and manage all your important documents digitally.

Robust Security: WeSign prioritizes the security of your documents and data. They employ state-of-the-art encryption protocols to safeguard your information, ensuring that it remains confidential and protected from unauthorized access.

Integrations and APIs: WeSign offers integrations with popular business software and applications, allowing for seamless integration into your existing workflows. Additionally, their APIs enable developers to incorporate eSignature capabilities into their own applications for a more tailored experience.

The power of eSignature is undeniable, revolutionizing the way businesses and individuals handle document signing. WeSign's affordable and reliable eSignature services empower you to enhance efficiency, save time and costs, improve security, and simplify your workflow. Embrace the future of document signing with WeSign and experience the transformative benefits of eSignatures. Say goodbye to the hassle and expense of traditional paperwork, and embrace a digital solution that will propel your business forward.

[delhiip-blog]

delhiip

Delhi IP is a full-service Intellectual Property Law Firm. The firm is having its head office in the capital city New Delhi and a branch office in Mumbai.With a team of dynamic lawyers having a cumulative experience of over 40 years in IP practice, Delhi IP provides all services pertaining to Patents, Designs, Trade Marks, Copyrights and Geographical Indications before Indian IP Offices. The firm has capability of providing services right from procuring intellectual property rights to properly enforcing them through courts. https://www.delhiip.com/

[globalinvestigationservices]

Geographical Indication Mark Legal Support Services

Are you in need of reliable Geographical Indication Mark Legal Support Services Our qualified team guarantees reliable legal help for keeping the label of your unique product secure. We make the necessary registration and provide you with complete support both in handling infringement cases and for your geographical service marks rights to be strong and operative. Secure your brand and preserve its genuineness with the help of our legal solutions made specifically for you. Do not hesitate to contact us for professional legal aid!

[allaboutentrepreneurialmindset]

Lecture Series 1 Intellectual Property Rights and Technology Transfer

What is intellectual property?

It is the “creations of the mind”. The inventions, literary and artistic works, symbols, names, images, and designs.

Protection of Intellectual Property

Transform ideas into tangible products

“first to file” basis

Why protect your intellectual property

Prevent competitors from copying your trademark, technology, or product.

Avoid wasteful investment in research & development and marketing

Create and enhance corporate identity and increase the company’s market value

Facilitate negotiations of licensing, franchising or other IP-based agreements

Like owning a piece of land…

Regulate

Validate

Monetize

Transfer

Exclude others

Take ownership

Intellectual Property Rights

1 Patents;

An invention patent is a government-issued grant, bestowing an exclusive right to an inventor over a product or process that provides any technical solution to a problem in any field of human activity which is new, inventive, and industrially applicable.

2 Utility models;

Like patents, utility models are exclusive rights granted for inventions that allow the rights holders to prevent others from commercializing the protected invention, without their authorization, for a limited period of time.

3 Industrial designs;

an industrial design as any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors; provided that such composition or form gives a special appearance to and can serve as pattern for an industrial product or handicraft. Simply put, it is that aspect of a useful article which is ornamental or aesthetic.

4 Trademarks and service marks;

Service marks are brand names or logos that identify a service provider; they can consist of a word, symbol, or design. A trademark identifies the source of goods, while a service mark designates the provider of a service; however, "trademark" is commonly used to describe both forms of intellectual property.

5 copyright and related rights;

Copyright is a form of intellectual property. A set of exclusive rights awarded to a copyright holder or owner for an original and creative work of authorship fixed in a tangible medium of expression.

6 lay-out designs (topographies of integrated circuits);

Layout designs (topographies) of integrated circuits are a three-dimensional arrangement of elements forming an integrated circuit intended for manufacturing. This arrangement and ordering of elements follows from the electronic function that the integrated circuit is to perform.

7 geographic indications;

are signs or indications used on a product to identify the specific place from which the product is made. Currently, geographical indications are protected under the Trademarks section of the Intellectual Property Code as collective marks, one of the several legal mechanisms to protect a product as a geographical indications.

8 undisclosed information (trade secret); and

Trade secrets are intellectual property (IP) rights on confidential information which may be sold or licensed. In general, to qualify as a trade secret, the information must be: commercially valuable because it is secret, be known only to a limited group of persons, and be subject to reasonable steps taken by the rightful holder of the information to keep it secret, including the use of confidentiality agreements for business partners and employees.

9 new plant varieties, as provided in republic act no. 9168

______________________________________________________________

These are very important as the consumers and families are protected by strong and enforced intellectual property rights. Consumers can make informed decisions regarding the safety, dependability, and efficacy of their products thanks to strong intellectual property rights. Consumers and markets demand and rely on the trust and confidence that intellectual property rights provide.

[your-dietician]

Unexpected Results Call for a Revision

New Post has been published on https://depression-md.com/unexpected-results-call-for-a-revision/

Unexpected Results Call for a Revision

By John Vandermosten, CFA

NASDAQ:MDXG

READ THE FULL MDXG RESEARCH REPORT

Topline Results from Phase IIb KOA and Phase III PF

On September 13, 2021, MiMedx Group, Inc. (NASDAQ:MDXG) reported results from its Phase IIb Knee Osteoarthritis (KOA) study and topline results from its Phase III Plantar Fasciitis (PF) study. Six-month efficacy data from the Phase IIb KOA study interim results did not meet primary endpoints. Upon review of the Phase III PF data, management concluded that the results do not support a BLA filing. Management will discuss the data with the FDA as allowed under the Regenerative Medicine Advanced Therapy (RMAT) process. AmnioFix Injectable received RMAT designation for KOA in 2018, which includes benefits of Fast Track and Breakthrough Designation programs.

In concert with the press release, MiMedx management, including CEO Tim Wright, CFO Pete Carlson, and research and development head Dr. Bob Stein provided an update at the recent H.C. Wainwright conference.

Phase IIb Knee Osteoarthritis

Topline results from an interim analysis at six months for the Phase IIb trial in KOA (NCT03485157) did not meet primary endpoints of Visual Analog Scale (VAS) for Pain or Western Ontario and McMaster Universities (WOMAC) Osteoarthritis Index. Efficacy measures differed between patient cohorts evaluated before and after a blinded interim analysis performed mid-2019. This anomaly has prompted management to pursue further confirmatory studies in the indication. Micronized dehydrated human amnion chorion membrane (mdHACM) was well tolerated with no significant adverse events or serious adverse events. Trial enrollment included 466 patients between the ages of 21 to 80 years. Subjects included had osteoarthritis grade 1 to 3 on the Kellgren Lawrence scale and a VAS for Pain score greater than 45. Due to a lower-than-expected participant dropout, the trial has already achieved an adequate number of patients to assess the primary endpoint. The final enrollment totaled 446 patients. The trial’s 12-month safety visit follow up is expected to conclude in October 2021, with six-month open-label extension to follow. A safety readout is also expected at this time.

Story continues

Though not statistically significant, interim analysis trended toward potential treatment efficacy, warranting further investigation. Differences were observed between patients enrolled prior to the study’s initial blinded interim analysis and those enrolled after. Patients in the pre-interim analysis cohort demonstrated greater improvement in WOMAC-Total, WOMAC-Pain and WOMAC-Function scores and actually achieved statistical significance at both three- and six months. Patients in the post-interim analysis group were more difficult to differentiate as both treatment and placebo groups experienced positive response. Analysis of VAS endpoint was not statistically differentiable in either pre- or post-interim analysis cohorts at either three- or six-month timepoints.

MiMedx management expects that, based on the interim analysis, two Phase III studies in KOA will be necessary to file a BLA and looks forward to meeting with the FDA to discuss next steps. Management had guided toward BLA filing in late 2024 or early 2025. Pending guidance from the FDA, MiMedx will update investors on timing as future activities become clear. Management plans continued research investment to understand the underlying disease process in KOA, mdHACM’s potential benefit to cartilaginous tissue, and understanding mdHACM’s mechanism of action.

Phase III Plantar Fasciitis Topline

MiMedx’ trial in Plantar Fasciitis (NCT03414268) did not achieve statistical significance in its primary efficacy endpoint of change in VAS for Pain at 90 days. MiMedx will not pursue a BLA for mdHACM in PF, and will instead prioritize the KOA program. mdHACM was found safe and well tolerated in this study with no significant adverse events. Both treatment and placebo groups showed improvement in VAS Pain and Foot Function Index Revised (FFI-R) scores.

The Phase III study was a prospective, double-blind, randomized controlled trial of a single injection of 40 mg of mdHACM into the plantar fascia as compared to saline placebo. The trial enrolled 277 patients between the ages of 21 and 79 years with plantar fasciitis diagnosed for greater than or equal to one month and less than or equal to 18 months. Patients included had a VAS Pain score of greater than or equal to 45. Patients had been treated for greater than or equal to 1 month (30 days) using general modalities such as rest, ice, compression, elevation stretching, NSAIDs, or orthotics. The primary endpoints were change in VAS for Pain at 90 days and incidence of related adverse events at 180 days, serious adverse events, and unanticipated events during the first 12 months post-injection. Secondary endpoints included self-reported responses to the Foot Function Index – Revised (FFI-R) at 90 days.

Company Milestones

➢ IND / IDE submission for multiple wound care indications – As of August 2021:

◦ Chronic cutaneous ulcers (AmnioFix) – IND Cleared

◦ Surgical incisions (AmnioFix) – IND Cleared

◦ Soft tissue defects (AmnioFill) – IND Filed

➢ Conclusion of enforcement discretion – May 31, 2021

➢ Regulatory approval for EpiFix in Japan – June 2021

➢ Phase IIa KOA trial completion – April 2021

◦ Final analysis & database lock – 2H:21

◦ Final safety follow up – October 2021

◦ Generation of full data set – 2H:21

◦ End of Phase II meeting with FDA – 2H:21

➢ Analyst and investor R&D day – Late fall 2021

Valuation

We reduce our target price for MiMedx based on the removal of sales related to PF and temper the revenue impact from KOA based on the undifferentiated results from the Phase IIa study. Removing PF lowers topline growth in 2024 and 2025 from 20% to 12% for both years. 2026 and 2027 revenue growth are reduced from 25% to 18% due to the weaker than expected results from the Phase IIa trial which impact both the anticipated penetration and ultimate likelihood of success for the program. We also reduce our research and development expenditure forecasts to reflect lower spending related to the PF program. In response to the lower topline growth rate, we also reduce our target multiples from 25x P/E and 17x 2026 EBITDA to 20x P/E and 15x EBITDA to reflect a smaller benefit from a successful KOA program and lower growth rate. Our forecasts for 2026 call for revenues of $494 million, EPS of $1.06 and EBITDA of $222 million. These compare to our previous 2026 estimates of $591 million (revenues), $1.47 (EPS) and $304 million (EBITDA). After discounting our 20x 2026 P/E and 15x EBITDA estimates at a 20% discount rate, we generate a target price of approximately $10 per share.

Summary

Despite favorable early results in the Phase II PF study and interim results in the Phase IIb KOA study, both efforts missed their intended mark at the end of the trial. This has forced MiMedx management to adjust their future approach and abandon the PF program and modify the KOA program. Next steps for the company include meetings with the FDA to identify a path forward as there has been substantial data that has shown benefit for KOA patients using mdHACM. The team is analyzing the data to understand what may have driven the changes in outcomes from earlier evaluations. For the KOA trial in particular, subjects added later in the study were at newer expanded sites and also received their treatment during the pandemic, which may have impacted the results. We will know more at the upcoming analyst day expected this fall after management has had a chance to consult with the FDA. The company is planning to move forward in KOA with two Phase III trials that are expected to launch in the coming year. While the markets responded violently to the news regarding the PF and KOA trials, MiMedx is in a good position to continue to generate double digit topline growth with line extension products such as EPICORD Expandable and geographical reach into Japan and other international markets.

MiMedx holds sufficient cash on its balance sheet to reach positive cash flows and earnings without additional capital raises. We continue to see full year positive earnings by 2022 and substantial growth over the next several years which will provide the firm substantial financial flexibility to optimize its capital structure. Due to the weaker than expected topline data from the PF and KOA trials, we decrease our price target to $10.00 per share.

See our recent initiation on MiMedx for an in-depth discussion of MiMedx’ technologies and products, our investment thesis, and discussion of recent events and milestones.

SUBSCRIBE TO ZACKS SMALL CAP RESEARCH to receive our articles and reports emailed directly to you each morning. Please visit our website for additional information on Zacks SCR.

DISCLOSURE: Zacks SCR has received compensation from the issuer directly, from an investment manager, or from an investor relations consulting firm, engaged by the issuer, for providing research coverage for a period of no less than one year. Research articles, as seen here, are part of the service Zacks provides and Zacks receives quarterly payments totaling a maximum fee of $40,000 annually for these services. Full Disclaimer HERE.

________________________

1. MDXG Corporate Presentation September 2021

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[knowledgentiaconsultantia]

INTELLECTUAL PROPERTY DIVISION V/S INTELLECTUAL PROPERTY APPELLATE BOARD

PUBLISHED BY MS. APARNA JAIN, MS. HARINDER NARVAN, MS AASHRIKA AHUJA AND MR. ISHAN BERRY ON 30.07.2021With increasing significance of protecting one’s intellectual property rights as the world prepares to make a speedy transition to a digital economy; the controversial abolition of India’s Intellectual Property Appellate Board (IPAB), came as big jolt to entire IP regime in India. As we were just recovering from this shock and bracing ourselves to get accustomed to different model of working, the Delhi High Court announced the creation of an Intellectual Property Division (IPD). This separate division is certainly a response to The Tribunal Reforms (Rationalisation and Conditions of Service) Act, 2021 that abolished IPAB. One of the interesting thing is that while not all legal tribunals were in the crosshairs (only those that handle cases “in which the public at large is not a litigant”) the IPAB was targeted and proposed for abolition. The ordinance was promulgated in April, with the IPAB effectively abolished from then. Subsequently, all matters (and appeals) pending before the IPAB under various IP statutes were transferred to the respective High Courts across India including in Delhi, Bombay, Madras, Calcutta and Ahmedabad.The Delhi High Court has created a dedicated IP Division (IPD) that will see special IP benches created to hear matters including: IP-related lawsuits, revocation applications, cancellation applications, appeals from the office of Indian IP Office, and all other proceedings that, in the past, would have been managed by the IPAB (under the various IP statutes). While the division has been launched, its own set of rules – ‘the IPD Delhi High Court Rules’ – are in the process of being framed. At Knowledgentia, with dedicated professionals for global IPR Protection, we offer advice relating to entire lifecycle of IPR that covers latest legal developments and protects our clients from unnecessarily getting involved in forum shopping.

According to the press release, this ordinance meant that the approximately 3000 pending IPAB cases concerning appeals from IP offices and revocation matters would be transferred to the Delhi High Court. And this was in addition to the already pending infringement matters, writ petitions, appeals from commercial courts etc. before the court. In order to find a way to deal with such a huge number of IP cases, a two-member committee consisting of Justice Prathiba M. Singh and Justice Sanjeev Narula, had been constituted by Justice D.N. Patel. Based on the committee’s recommendations, the IPD has been created. The press release provides that the IPD will also be handling ‘Writ Petitions (Civil), CMM, RFA, FAO relating to Intellectual Property Rights disputes (except those which are required to be dealt with by the Division Bench).’ This move is in line with practices in other countries such as the UK, Japan, Malaysia, Thailand, China etc. Chief Justice of the Delhi High Court, D.N. Patel, while directing the creation of IPDs, also noted that the bench should be notified by Hon’ble the Chief Justice from time to time and exclusive IPD Benches are also likely to be created for dealing with such matters.

The creation of the Intellectual Property Division (IPD) in the High Court of Delhi is a significant step which is in line with global practices in this regard. Such IP Divisions or IP Courts, which exclusively deal with IPR matters, already exist in the UK, Japan, Malaysia, Thailand, China etc. The creation of IPD with comprehensive Rules governing IPR matters, is a momentous step taken towards efficient disposal of such matters.

As one of the best corporate international law firm in India, we take great pride in advising our clients regarding all latest uptodate changes with respect to IP Legislations. Some changes are discussed as below :-

Copyright Act, 1957 The Appellate Board under the Copyright Act is now dissolved and the powers of the Board are transferred to the Commercial Court and High Courts. Section 12 defining the powers and procedure of the Appellate Board has been deleted. The Commercial Courts now possess the power to make final calls on whether a work has been published, handle assignment dispute, decide the term of copyright in anonymous and pseudonymous work, grant compulsory and Statutory Licenses, to grant a license to produce and publish translations, to grant a license to reproduce and publish works, to hear disputes with regards to tariff schemes by Copyright Societies and to fix resale share right in original copies of the first author. Furthermore, the High Courts possess the powers to rectify the Register of Copyrights as per Section 50. It also has the power under Section 70 to hear appeals against the orders of the Registrar of Copyrights. As one of the best law firm in India providing expert copyright registration services in India, our clients trust us completely with the choice of appropriate forum for filing and neforcment of copyright.

Patent Act, 1970 Knowledgentia has one of the best patent consultants in India and our clients take great pride in associating with us for our professionalism and expertise in this field. This ordinance has led to the abolishment of the Appellate Board, which possessed the power to hear appeals against decisions of the Controller General of Patents regarding revocation, ratification of patents, etc. The High Court, now is empowered, inter alia, to revoke the patent granted to fraud and to grant a patent to the true and first inventor, to rectify the Register of Patents as per Section 71 by making variations or deletions, to allow an amendment to complete specification, to issues validity certificate of specification.

Trademarks Act, 1999 With the abolishment of the IPAB, the power of appeals against the decision of the Registrar of Trade Marks has been transferred to the High Court. The word ‘Tribunal’ or ‘Appellate Board’ is replaced with ‘Registrar or the High Court’ per context. The power conferred to the Registrar of Trademarks and the High Court is: to remove a trademark from the Register and to impose limitations on grounds of non-use, to require an applicant to furnish security, to vary registration and rectify the register, to deal with registration application of certification trademark, to admit evidence in proceedings, among others. Whatever be the changes in existing legal system, at knowledgentia which is the foremost trademark and brand registration firm in India, we are ready to always quickly adapt to any changes and embrace flexibility in our approach at all times.

Geographical Indications of Goods (Registration and Protection) Act, 1999 As, per the Ordinance, the powers of the Appellate Board have been transferred to the Registrar of Geographical Indications and High Courts. The common power possessed by them is to remove from the register due to failure to pay a fee for renewal, to vary registration and rectify the register, and to admit evidence in proceedings. Additionally, the High Courts are possessed with the powers to hear appeals from the decision of the Registrar, to communicate every order of the High Court to the registrar, to stay proceedings when the invalidity of registration is pleaded, to issue a certificate of validity of registration.

Protection of Plant Varieties and Farmers’ Rights Act, 2001 Per the Ordinance, the Plant Varieties Protection Appellate Tribunal set under Section 54 has been abolished. Hence, the power to hear appeals against decisions of Registrar with regards to registration of a variety or a licensee of a variety, or regarding revocation/ modification of compulsory license, etc. are now transferred to High Court. Additionally, the High Court can pass orders as it deems fit.

The abolishment of IPAB amounts to the restoration of the status quo, as prior to the establishment of IPAB, the power to adjudicate was vested with the High Courts. The move is considered a step forward to deal with the pending cases and strengthen the IP protection and enforcement system. However, only time will tell whether the abolishment of the special tribunal will lead to a stronger IP regime by shifting the burden to the High Courts which may lack the technical knowledge and expertise in the field of IPR.

The Delhi High Court has notified new nomenclature in respect of the matters relating to Intellectual Property Rights (IPR) coming into force with immediate effect. The office order issued by High Court on 14.07.2021 by the Registrar General states that the existing nomenclature of WP-C will be replaced by WP (C)-IPD. Similarly, Civil Misc. (Main) will now be replaced with Civil Misc. (Main)-IPD for dealing with IPR related matters. Others nomenclature include RFA-IPD, FAO-IPD, CRP-IPD, FAO(OS)-IPD, RFA(OS)-IPD and EFA(OS)-IPD.

[delightfulconnoisseurgentlemen]

Drug Test Oral Fluid Market Is Likely to Experience a Tremendous Growth by 2026

"

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TOC Highlights: Chapter 1. Introduction: The Drug Test Oral Fluid research work report covers a concise introduction to the global market. This segment provides assessments of key participants, a review of Drug Test Oral Fluid industry, outlook across key areas, financial services, and various difficulties faced by Drug Test Oral Fluid Market. This section depends on the Scope of the Study and Report Guidance. Chapter 2. Outstanding Report Scope: This is the second most significant chapter, which covers market segmentation along with a definition of Drug Test Oral Fluid . It characterizes the whole scope of the Drug Test Oral Fluid report and the various features it is describing. Chapter 3. Market Dynamics and Key Indicators: This chapter incorporates key elements focusing on drivers [Includes Globally Growing Drug Test Oral Fluid frequency and Increasing Investments in Drug Test Oral Fluid ], Key Market Restraints[High Cost of Drug Test Oral Fluid ], opportunities [Arising Markets in Developing Countries] and introduced in detail the arising trends [Consistent Innovate of New Screening Products] development difficulties, and influence factors shared in this latest report. Chapter 4. Type Segments: This Drug Test Oral Fluid market report shows the market development for different kinds of products showcased by the most far-reaching organizations. Chapter 5. Application Segments: The analysts who composed the report have completely assessed the market capability of key applications and perceived future freedoms. Chapter 6. Geographic Analysis: Each provincial market is deliberately examined to understand its current and future development, improvement, and request situations for this market. Chapter 7. Impact of COVID-19 Pandemic on Global Drug Test Oral Fluid Market: 7.1 North America: Insight On COVID-19 Impact Study 2021-2026 7.2 Europe: Serves Complete Insight On COVID-19 Impact Study 2021-2026 7.3 Asia-Pacific: Potential Impact of COVID-19 (2021-2026) 7.4 Rest of the World: Impact Assessment of COVID-19 Pandemic Chapter 8. Manufacturing Profiles: The significant players in the Drug Test Oral Fluid market are definite in the report based on their market size, market served, products, applications, regional development, and other variables. Chapter 9. Estimating Analysis: This chapter gives price point analysis by region and different forecasts. Chapter 10. North America Drug Test Oral Fluid Market Analysis: This chapter includes an appraisal on Drug Test Oral Fluid product sales across major countries of the United States and Canada along with a detailed segmental viewpoint across these countries for the forecasted period 2021-2026. Chapter 11. Latin America Drug Test Oral Fluid Market Analysis: Significant countries of Brazil, Chile, Peru, Argentina, and Mexico are assessed apropos to the appropriation of Drug Test Oral Fluid . Chapter 12. Europe Drug Test Oral Fluid Market Analysis: Market Analysis of Drug Test Oral Fluid report remembers insights on supply-demand and sales revenue of Drug Test Oral Fluid across Germany, France, United Kingdom, Spain, BENELUX, Nordic, and Italy. Chapter 13. Asia Pacific Excluding Japan (APEJ) Drug Test Oral Fluid Market Analysis: Countries of Greater China, ASEAN, India, and Australia & New Zealand are assessed, and sales evaluation of Drug Test Oral Fluid in these countries is covered. Chapter 14. Middle East and Africa (MEA) Drug Test Oral Fluid Market Analysis: This chapter centers around Drug Test Oral Fluid market scenario across GCC countries, Israel, South Africa, and Turkey. Chapter 15. Research Methodology The research procedure chapter includes the accompanying primary realities, 15.1 Coverage 15.2 Secondary Research 15.3 Primary Research Chapter 16. Conclusion >> [With unrivaled insights into the Drug Test Oral Fluid market, our industry research will help you take your Drug Test Oral Fluid business to new heights.] <<

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[wheelyfine]

How to buy your dream luxury car? read this guide — Wheelyfine

All starts from a dream for everyone

Dreaming about luxury cars means achieving independence in your life; that is, you will be able to be free; no matter if it’s a second-hand luxury car, you won’t be depending on anyone, especially in the financial sphere. This is a dream with a positive meaning of achieving financial independence. You are likely to receive an unexpected amount of money or a promotion and salary increase.

How and why one falls in love with luxury cars

When we talk about today’s generation picking pre-owned luxury cars, there can be many reasons. Photos on Instagram, selfies, applications for filming themselves, and live streaming of short films on the net widely relayed on social networks seem to have more and more impact on the luxury customer’s purchasing decisions.

Also, the car is a status symbol. The car gives us a sense of self-esteem, and a beautiful car can make us feel more important than we are. With a car, you can show that you are doing well.

Luxury Cars, whether they are second-hand luxury cars, also create a social distinction; in a neighborhood with many expensive houses, you can still see many large, new, or expensive cars, and often several cars are in the driveway. In a neighborhood with flats and affordable terraced houses, there are mainly smaller cars and middle-class cars. Yet there is also sometimes an expensive or striking copy of someone who wants to compensate for his inferiority feeling with a nice car.

Is it worth buying your dream luxury car?

Anything that makes you happy and feels good is worth doing. Similarly, when you buy a dream luxury car, it will give you immense pleasure and a feeling of satisfaction that you have achieved your goals, and you are going in the right direction.

Depending upon your lifestyle and choice, buying a used luxury car model is always a wise option keeping the depreciation factor in mind. Also, there are many other factors while considering a luxury car. E.g., the maintenance and repair costs of even a second-hand Mercedes is way more than a regular one, but nothing should come in between you and your dream. Thus, you should never forget if you go for your dream luxury car, get it, and consider the above thoughts in mind.

So from where you should start for it?

Why not think once for a used luxury car

At first, enthusiasm takes over. Who doesn’t prefer to drive a two-year BMW 3 series second hand or Mercedes-Benz under warranty, rather than a Honda Civic or Corolla, for the same price? Or how about replacing a new Hyundai iX35 with a three-year-old Range Rover Evoque?

Before rushing to the used car market, calm down. Very calm. Before, you need to be aware of this information so that your dream does not turn into a nightmare.

Despite similar purchase prices, the cost of maintaining the premium model is much higher than that of a volume branded vehicle. Remember that the car depreciates, the price of parts does not. Going for a used luxury model can be a suitable choice for you.

The benefit of buying a used luxury car over a new one

If you have the dream of acquiring a supercar, it can be a 2nd hand BMW, one of those that pulls eyes wherever it goes; the used models can be an excellent idea. It is possible to do exciting deals with more attractive prices.

Good prices

For those who buy used models, this is a positive aspect. After all, you can buy a practically new car for a price well below that practiced by the stores. When we talk about luxury models, this difference is even more relevant — imagine savings of more than R $ 50 thousand compared to the zero vehicle.

Savings in taxes

In addition to paying less on pre-owned luxury cars, the owner takes advantage of great savings, too, concerning a new vehicle’s rates. It is not necessary, for example, to pay for registration or the issuance of documents. In some cases, you can take advantage of promotions that guarantee the payment of IPVA and other fees.

People in India preparing to buy used luxury car

According to the various reports, used expensive cars in India began to be sold 5% better than in 2019. A total of 2,143 cars were sold in the secondary sector in 12 months.

The leader in the luxury aftermarket was previously the second-hand Mercedes-Benz Maybach S-Class. But last year, it lost the lead to British Bentley, which sold 742 cars. This is approximately 35% of the market. The Indians were resold, at the same time, in the amount of 655 vehicles. The third place was taken by Audi, which sold the 3rd most cars among the buyers of the secondary Indian market.

Earlier, the market for new luxury cars in even Russia sank by 15%, and the Krasnodar Territory was among the top three in terms of sales of expensive cars. The Indian market, on the other hand, shows consistent growth in the sale of used luxury cars.

Minimum & maximum budget required to buy a used luxury car

Before you begin any of the steps involved in buying a used car, you need to determine your budget. Obvious? Not completely.

Many buyers already made the mistake of looking for (and unfortunately buying) a car, whether it be a used Porsche, the price of which consumed all their savings. It has never been a successful purchase. And in a short time, he began to be accompanied by concealed anger. On himself. Ask yourself one simple question: what can I do? And don’t cheat! There will still be time to pursue bigger goals or buy a dream car.

We can assure you that it will only be bad with such thinking. If not immediately, then after a short while, nervous glances into your wallet and unforeseen expenses in your account will begin.

Do basic research on your dream luxury car brand & model to buy

When it comes to luxury cars, enthusiasts’ imagination is always aroused. This category of cars combines incredible charm, thanks to the skilled hands of the world’s best designers, with breathtaking performance. Always find out which are the best luxury cars on the market and why the Indian market for these cars has undergone a drastic slowdown in recent years.

If you have always dreamed of owning a luxury car, but your bank account quickly brought you back to the harsh reality, the alternative to consider for such a purchase is the used luxury car market.

Have an excellent previous credit report for your finance

If your goal is to buy a vehicle but don’t want to tap into your savings, the car loan is the perfect solution for you. A car purchase loan allows you to pay your car, new or used, in installments: let’s see how they work and how to find the best loan for your needs.

When you apply for a loan, they most often check your credit score, which includes all your previous loan payments and is enough for them to know about you.

If you pay your bills or installments on time, you demonstrate good payment behavior and are most likely to have a good credit score.

Research about various finances options & lower interest rates

Many dealers also offer supposedly cheap car financing, a so-called zero percent financing. With this, you pay off the vehicle in monthly installments without any interest being charged. In this case, however, a cash discount is excluded, and therefore this type of car financing with credit is often more expensive than paying in cash.

Besides, there is usually no statutory right of withdrawal for car financing without interest — research about all the banks with the best lowest interest rates.

Make a list of dealerships from your city/outside the city

The most reliable and proven way to find official dealers for Audi second-hand is to inspect the websites of car manufacturers and find sections about them: “where to buy,” “dealers,” “salons,” etc. it is always wise to make a list of the authorized dealers nearby with good ratings.

You should obtain a list of the official dealers of those brands whose models you are considering. It should be borne in mind that already at this stage, some brands, together with the selected models, may be excluded from our list. For example, there is no single official if you want to buy a pre-owned range rover Evoque, so some difficulties may arise when buying this brand’s car.

The number of dealers depends, first of all, on the size of your settlement. In large cities, several salons with the same brand can be located, and in small cities, many representatives may simply be absent.

Thorough research about the final dealership

Most people, when buying a used car, pay attention to the geographical location of the salon. And this is no coincidence. You will have to come here several times. When choosing a dealer, and thus pay attention their

Warranty and service. Until the moment of the transaction, all managers are extremely helpful, but after that, they are not eager to help the client. If there are reviews on the Internet indicating such a trend in a particular salon, it is better not to contact him.

Additional services. A useful thing, but only if they are not enforced. Additional services include insurance, transaction support, assistance in paperwork.

Checking the dealer on the official website of the manufacturer. Everything is simple. Go to the official website of the car of the selected brand, study it carefully, and then find your city.

Contact the dealer and negotiate price is must

When you choose a second-hand luxury car, it’s better to negotiate. Used car dealers will be willing to make some trade-offs to sell the cars they own. Of course, we will not be able to get a 50% discount on the price regardless of the information we have about the car sold. A “common sense” negotiation is mutually beneficial but must be supported by strong and serious arguments.

Also read: How to negotiate like a pro with the used luxury car dealers while buying

Age-specific wear marks or fine scratches are common for an SH car. However, certain details may reduce the price in favor of the buyer. Here we can mention, for example, the lack of a set of winter tires, the pronounced wear of some elements (steering wheel, derailleur, window controls, etc.), pads, used brake discs, etc. which can help you get the best deal on your chosen BMW second-hand price.

Take a nearby expert luxury car mechanic with you

It is not necessary to be attached to the chosen salon. Visit several, where you can see the model you like in the required configuration. It is recommended to “walk” over the body with an expert local mechanic. You can also bring a thickness gauge device with you or ask the manager — you must give it.

The thickness gauge will show if the body has been damaged in any way. This check is especially relevant when buying a used car. Also, the expert mechanic will help determine whether he is broken or not. For any hidden damage, you can ask the seller for a discount.

Control your emotion while buying a used luxury car

When shopping for second-hand luxury cars, don’t allow your feelings to let you pay higher. If they do, you could come to be paying extra to an automobile than you should.

If you allow your feelings to get satisfactory while shopping for a dream car. You should know there might be troubles with the automobile. However, You had effectively negotiated for your dream automobile for only $2,500, and that’s all that mattered.

Post buying used luxury car points

Maintaining a pre-owned luxury car can be a tough task. Various factors affect and make it tough to maintain your car. Although different technologies like anti-corrosion treatment and handling techniques are to blame, a vehicle’s body also needs proper maintenance.

Regular washing, removing difficult contaminants (e.g., dried insects, dust from brake pads, resin, asphalt particles), and securing the car is a recipe for a used car’s long service life.

Maintenance of used luxury cars

Many faults in a used car do not show visible symptoms from the very beginning. Some of them will not be visible until the diagnostic station. Damage to tires, brake hoses, and suspension components is severe and can be like a delayed bomb.

Also, check out the step-by-step guide on how to maintain your used luxury car.

In addition to the annual technical inspections that can help you maintain a high-end car like Audi a4 second hand, it is worth ensuring that the car — especially used — also has additional inspections, e.g., during fluid replacement or tire changes. This is a low cost and significantly increases the safety and durability of the used car.

Cost of maintaining the used luxury cars

A luxury car used for being a bargain is attractive, but it can turn the dream into a nightmare when the person realizes the cost of replacing components that need to be replaced regularly or on the first hit”. Thus before you finalize the car, always check the cost of car maintenance and make a physical inspection to understand the condition and cost better.

Luxury brands with lower maintenance

Toyota is, in a way, the most inexpensive manufacturer. Scion and Lexus, the second and 3rd most inexpensive brands, are each subsidiary of Toyota. Together, all 3 are the 10 lowest common maintenance cost cars. Most brands, along with Ford and Dodge, are withinside the center of the pack.

While luxurious motors require the maximum luxurious upkeep, many finance cars are quite high. Kia, an entry-stage brand, surprises with upkeep charges. Cars like even second-hand Mercedes have a high maintenance cost.

The service duration period for used luxury cars

The recommended service duration is mostly 1 year or 10000km. If there is the slightest doubt about the car’s maintenance history, an immediate oil change is required, all filters, and change all fluids (including brake fluid!) after purchase. It is worth noting the service date; thus, the document can be the new “service book” of your pre-owned luxury car so that you can adjust future service tasks according to the maintenance schedule provided by the manufacturer.

Follow the above guide entirely and enjoy yourself with your dream car

This article’s purpose is not to make enthusiasts liven up to the luxury model’s dream but to get to know the details and issues that the owners must know to enjoy your “toy” better.

Thank You for spending your time reading this article.

[kashishipr]

A regime for the protection of well-known marks was first introduced by the Paris Convention in Article 6bis, which provides that: “The countries of the Union undertake, ex officio if their legislation so permits, or at the request of an interested party, to refuse or to cancel the registration, and to prohibit the use, of a trademark which constitutes a reproduction, an imitation, or a translation, liable to create confusion, of a mark considered by the competent authority of the country of registration or use to be well known in that country as being already the mark of a person entitled to the benefits of this Convention and used for identical or similar goods. These provisions shall also apply when the essential part of the mark constitutes a reproduction of any such well-known mark or an imitation liable to create confusion therewith.”

Subsequently, during the drafting of the TRIPs Agreement, provisions to accommodate the protection of well-known marks as envisaged by Article 6bis of the Paris Convention were incorporated as TRIPs Articles 16.2 and 16.3.

Article 16.2 provides that in determining whether a trademark is well-known, the Members shall take account of the knowledge of the trademark in the relevant sector of the public, including knowledge in the Member concerned, which has been obtained as a result of the promotion of the trademark.

Article 16.3 provides that Article 6bis of the Paris Convention (1967) shall apply, mutatis mutandis, to goods or services, which are not similar to those in respect of which a trademark is registered, provided that use of that trademark concerning those goods or services would indicate a connection between those goods or services and the owner of the registered trademark and provided that the interests of the owner of the registered trademark are likely to be damaged by such use.

The provisions addressing the protection of well-known marks evolved somewhat from the Paris Convention to the TRIPs Agreement. The Paris Convention deals with well-known marks concerning goods alone and provides protection only against use in connection with identical or similar goods. The TRIPs Agreement mandated that protection be extended by Member Countries to registered trademarks against use in connection with goods and services; it also covers dissimilar goods and services to the extent the disputed third-party use is found to indicate a connection between such dissimilar goods or services and the owner of the registered mark, which is likely to harm the owner’s interests. Notably, both conventions do not define what comprises a well-known mark, thereby leaving its definition to the individual Member States.

In India, after coming into force of the Trade Mark Rules, 2017, it has become possible to file a Trademark Application for a mark to be determined as a well-known trademark. Earlier, the only possible way of having your mark recognized as a well-known trademark in India was through a judicial decision. Now, Rule 124 of the Trade Mark Rules, 2017 provides for the determination of a well-known trademark by the Registrar.

What is a Well-Known Trademark?

As per Section 2(zg) of the Trademark Act, 1999, a well-known trademark is defined as “a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the first-mentioned goods or services.”

Statutory Provisions on Well-Known Trademarks in India

1. Rule 124, Trademark Rules, 2017

Any person may, on an application in Form TM-M and after payment of fee as mentioned in the First Schedule, request the Registrar for determination of a trademark as well known. Such request shall be accompanied by a Statement of the case, along with all the evidence and documents relied on the applicant in support of his claim.

The Registrar, while determining the trademark as well-known, shall take into account the provisions of subsections (6) to (9) of section 11 of the Trademarks Act, 1999.

For the purpose of such determination, the Registrar may call such documents as he thinks fit.

Before determining a trademark as well known, the Registrar may invite objections from the general public to be filed within thirty days from the date of invitation of such objection.

In case the trademark is determined as well known, the same shall be published in the trademark journal and included in the list of well-known trademarks maintained by the Registrar.

The Registrar may at any time if it is found that the trademark has been erroneously or inadvertently included or is no longer justified to be in the list of well-known trademarks, remove the same from the list after providing the due opportunity of hearing to the concerned party.

2. Section 11(2) of the Trade Marks Act, 1999

This provision extends the scope of protection provided to the well-known trademarks across all the classes of goods and services. “A trademark, which is identical with or similar to an earlier trademark and is to be registered for goods or services, which are not similar to those for which the earlier trademark is registered in the name of a different proprietor, shall not be registered, if or to the extent, the earlier trademark is a well-known trademark in India and the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or repute of the earlier trademark.”

3. Section 11(6) of the Trade Marks Act, 1999

The Registrar shall, while determining whether a trademark is a well-known trademark, take into account any fact, which he considers is relevant for determining a trademark as a well-known trademark, including:

The knowledge or recognition of that trademark in the relevant section of the public, including knowledge in India obtained as a result of promotion of the trademark;

The duration, extent, and geographical area of any use of that trademark;

The duration, extent, and geographical area of any promotion of the trademark, including advertising or publicity and presentation, at fairs or exhibition of the goods or services to which the trademark applies;

The duration and geographical area of any registration of or any application for registration of that trademark under this Act to the extent they reflect the use or recognition of the trademark; and

The record of successful enforcement of the rights in that trademark – in particular the extent to which the trademark has been recognized as a well-known trademark by any court or Registrar under that record.

4. Section 11(7) of the Trade Marks Act, 1999

The Registrar shall, while determining as to whether a trademark is known or recognized in a relevant section of the public for the purposes of sub-section (6), take into account:

The number of actual or potential consumers of the goods or services

The number of persons involved in the channels of distribution of the goods or services; and

The business circles dealing with the goods or services to which that trademark applies.

5. Section 11(8) of the Trade Marks Act, 1999

Where a trademark has been determined to be well-known in at least one relevant section of the public in India by any court or Registrar, the Registrar shall consider that trademark as a well-known trademark for registration under this Act.

6. Section 11(9) of the Trade Marks Act, 1999

The Registrar shall not require as a condition, for determining whether a trademark is a well-known trademark, any of the following, namely:

That the trademark has been used in India;

That the trademark has been registered;

That the application for registration of the trademark has been filed in India;

That the trademark:

Is well known in; or

Has been registered in; or

In respect of which an application for registration has been filed in, any jurisdiction other than India; or

That the trademark is well-known to the public at large in India.

7. Section 11(10) of the Trade Marks Act, 1999

While considering an application for registration of a trademark and opposition filed in respect thereof, the Registrar shall:

Protect a well-known trademark against identical or similar trademarks; and

Take into consideration the bad faith involved either of the applicant or the opponent affecting the right relating to the trademark.

The Criteria for Deciding if a Mark is Well-Known in India

The Registrar, while determining whether a trademark is a well-known trademark, takes into account all the facts, which he considers relevant for determining a trademark as a well-known trademark, including the following factors:

That the trademark is well known to the public at large in India;

The number of persons involved in the channels of distribution of the goods or services;

The number of actual or potential consumers of the goods or services;

The duration, extent, and geographical area of any use of such trademark; and

The business circle dealing with those goods or services.

The record of successful enforcement of the rights in that trademark, in particular, the extent to which the trademark has been recognized as a well-known mark by any court or Registrar under that record.

Cost of Filing a Well-Known Trademark Application

As per Rule 124 of the Trade Mark Rules, 2017, any person may file a request for determination of a trademark as well-known along with an official fee of INR 1, 00, 000. This fee is for a single mark.

Application Procedure

The Applicant has to fill up the form TM-M, along with the official fee and supporting documents, which are to be filed online mandatorily.

The essential documents required are:

Statement of the case describing the applicant’s rights in the trademark and describing the applicant’s claim that the trademark is a well-known trademark.

Evidence in support of the applicant’s rights and claim viz. evidence, as to use of trademark, any applications for registration made or registration, obtained, annual sales turnover of the applicant’s business based on the subject trademark duly corroborated, evidence as to the number of actual or potential customers of goods or services under the said trademark, evidence regarding publicity and advertisement of the said trademark and the expenses incurred, therefore, evidence as to knowledge or recognition of the trademark in the relevant section of the public in India and abroad.

Details of successful enforcement of rights, if any, relating to the said trademark in the particular extent to which trademark is recognized as a well-known trademark by any Court in India or Registrar of Trademarks, Copy of the Judgment of any court in India or Registrar of Trademarks, if any, wherein the trademark is determined as a well-known trademark.

The size of the document submitted along with the statement of the case as evidence/supporting document should be in PDF format with a resolution of 200 X 100 dpi on A4 size papers, and the total file size should not exceed the limit of 10 MB.

After the receipt of the application, the office will consider the claim of the applicant based on the documents submitted. The office may publish the details of the trademark proposed to be included in the list of well-known trademarks. Any person, who wants to object to the inclusion of the trademark in the list of well-known trademarks, may file his objection in writing to the Registrar of Trademarks stating the reasons for his objection with supporting documents if any. A copy of the objection may be communicated to the applicant for comments within the stipulated time. The office will communicate the decision in respect of the objections to the parties concerned. The final decision of the office regarding the inclusion of the trademark in the list of well-known trademarks will be communicated to the applicant. In case the mark is determined as well-known, the same will be notified in the Trade Marks Journal and included in the list of well-known trademarks made available on the official website.

Concluding Thoughts

Some examples of well-known Trademark Registrations granted by the Registrar after coming into force of the Trade Mark Rules, 2017 are Garnier, Oral-B, 7 Eleven, India Gate, LuLu, TCS, Godrej, India Gate, Biocon, Maruti, and some more. Protection of well-known trademarks under the Trademark Act has been strengthened and redefined with the help of the Trade Mark Rules, 2017. The same has sent out a message that India recognizes the more modern concepts of Trademark Protection. Even though Indian courts were proactive in protecting well-known trademarks, providing enhanced statutory protection with the option of a well-known trademark application has been a step in the right direction not only for trademark owners but also for keeping in mind the interests of consumers and the overall Intellectual Property (IP) policy of the country. ✅ For more visit: https://www.kashishipr.com/