Trademark – Certification Trademark

What is Certification Trademark ? Certification Trademark is a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade, which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture or performance of services, Read More →

Trademark – Infringement of Trademark

What is infringement of Trademark? A registered trademark is infringed when a person, other than a registered proprietor or a person using by way of permitted use, uses in course of trade. Instances of Infringement of Trademark –  following are the instances of infringement of trademark: Use of deceptively similar Read More →

Relative Grounds for Refusal to Register Trademark

What are the relative Grounds for refusal to register trademark ? Relative Grounds Trademark which are likely to create confusion in case of similar goods – A trademark shall not be registered if there exists likelihood of confusion on the part of the public because of the following factors: It’s Read More →

Trademark – Procedure for Registration of Trademark

What is procedure for Registration of Trademark? The procedure for registration of trademark can be discussed under the following heads: Administrative set up - trademarks are to be registered with Controller General of Patents, Designs and Trademarks who will be the Registrar for the purpose of this Act. Trademark Registry Read More →

Can patent be surrendered ?

Can patent be surrendered? A patentee can at any time surrender his patent by giving notice to the Controller of Patents. The Controller of Patents will advertise the application for surrender of patents, invite the objections and then after hearing the concerned parties, he can accept the surrender of patent Read More →

Patent – When Can Patents be Revoked?

A patent can be revoked in the following cases:  If patentee fails to comply with the request of the Central Government to make, use or exercise patented invention for the purposes of the Government; If patent is not reasonable worked within 2 years after compulsory licensing; Central Government can revoke Read More →

Acts are Not Considered to be Amounting To Infringement Under The Patent Act

Which Acts are Not Considered to be Amounting To Infringement Under The Patent Act ?   The Patents (Amendment) Act, 2002 inserted a new Section 10A dealing with acts not to be considered as infringement. These are: Any act of making, constructing, using or selling a patented invention solely for uses Read More →

Patents – Infringement of Patents

What is Infringement of Patents?   The patentee, his agents and his licensee have the exclusive rights to make, use or distribute the invention in India. Infringement means violating the statutory rights of the patentee, his agents and his license. A suit for infringement can only be filed in the Read More →

Powers of Central Government for the protection of security of India

What are the Powers of Central Government for the protection of security of India under the Patents Act. 1970?   Section – 15A as inserted by the patents (Amendment) Act, 2002 contains provisions relating to protection of security of India. This section empowers the Central Government, not to disclose any Read More →

Company Secretary as Patent Agent

Section – 126 of the Patents Act, 1970, provides that a person shall be qualified to have his name entered in the register of patent agent, if he is a citizen of India, completed the age of 21 years, has obtained degree in science, engineering or technology from any university Read More →