Registering trademarks enables brand owners to stop others from using their trademarks and to prevent public confusion about the source of goods or services. However, certain exceptions permit the use of another’s trademark to describe the user’s products or services (as illustrated in Section 30 of the Trade Marks Act, 1999: Limits on the effect of a registered trade mark).
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Delhi High Court Sides with ADIDAS in Dismissing Claim of Prior Use
The Delhi High Court granted a permanent injunction and monetary damages against the defendants in Adidas AG (plaintiff) v. Keshav H. Tulsiani & Ors (defendants) [CS (COMM) 582/2018], restraining them from manufacturing, selling, marketing, or trading textile goods under ADIDAS marks or any other deceptively similar marks.
Continue reading “Delhi High Court Sides with ADIDAS in Dismissing Claim of Prior Use”Court Emphasizes Reasoned Decisions: Regeneron Pharmaceuticals Inc vs. Controller of Patents and Designs
The Madras High Court, via judgement dated October 22, 2024, in Regeneron Pharmaceuticals Inc vs. Controller of Patents and Designs [(T)CMA(PT) No.191 of 2023] addressed an appeal under Section 3(b) and 59 of the Patents Act (Act) by Regeneron Pharmaceuticals challenging the Indian Patent Office’s (IPO) refusal order dated December 16, 2020 issued in respect of their Indian Patent Application No. 1554/CHENP/2013.
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Indian Patent Office FAQs: Working Statement Deadlines Explained
The Indian Patent Office has issued Frequently Asked Questions [FAQs] on 26th August 2024, clarifying working statement deadlines under Amendment of Patent Rules of India which came to force on 15th March 2024. For your immediate reference and records, we are enclosing copy of the FAQs.
Continue reading “Indian Patent Office FAQs: Working Statement Deadlines Explained”Emphasizing Substantive Evaluation Over Semantics: Madras High Court Sets Aside Patent Rejection
The Madras High Court on February 8, 2024, in Techpolymers Industria E Comercio LTDA vs. The Deputy Controller of Patents and Designs [(T)CMA(PT)/180/2023, (OA/SR.11/2020/PT/CHN)], addressed the rejection of a patent application concerning thermoplastic polymers used in injection-molded articles.
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Delhi High Court differentiates between a method of treatment and a method of producing a substance used for treatment
In the matter of Arthrogen GMBH (‘Appellant’) v Controller General of Patents, Designs and Trademarks and Anr (‘Respondents’) [C.A.(COMM.IPD-PAT) 415/2022], the Delhi High Court, vide its order dated 05.02.2024, set aside the Respondents impugned order dated 28th November 2019 and remanded the matter to the Respondents for de novo consideration while restoring the patent application for the subject patent to its original number.
Continue reading “Delhi High Court differentiates between a method of treatment and a method of producing a substance used for treatment”Announcement – Recognition by ‘WIPR Leaders 2021’!
We are pleased to share that members of Mehta & Mehta Associates (MehtaIP) – Ankush Mehta and Abhilasha Niroola have been named in the 2021 edition of WIPR Leaders. Profiling the leading IP practitioners from around the world, WIPR Leaders consists of a directory of entrants. All Leaders were chosen after a four month nomination process, in which WIPR sought views from 12,000 IP professionals.
Continue reading “Announcement – Recognition by ‘WIPR Leaders 2021’!”With the Tribunal Reforms Ordinance of 2021, Appellate Boards for IP matters have been replaced by High Court
The President of India has promulgated the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 on 04 April 2021 (“Ordinance”). The Ordinance has been brought to effect immediately.
In the context of Intellectual Property Laws, the present Ordinance has omitted references to “the Appellate Board” and substituted the same with the words “High Court” as applicable under the following statues:
Continue reading “With the Tribunal Reforms Ordinance of 2021, Appellate Boards for IP matters have been replaced by High Court”Absolute extension of deadlines in view of COVID-19 withdrawn – Deadlines are effective from 15 March 2021
The Hon’ble Supreme Court of India had previously by their order dated 27 March 2020 had extended all deadlines for legal matters since 15 March 2020 till further order. Now, in view of changing scenario with regards to COVID19 in India, the Hon’ble Court via their order dated 08 March 2021 has now decided to end absolute extension of legal deadlines.
Continue reading “Absolute extension of deadlines in view of COVID-19 withdrawn – Deadlines are effective from 15 March 2021”Announcement – Recognition by ‘Legal 500’
We are pleased to share that Mehta & Mehta Associates (MehtaIP) has been listed by The Legal 500 (Legalease) in the Legal 500 Asia Pacific rankings 2021 as Leading Firm and our members Dr. Ramesh Kr. Mehta, Ankush Mehta, Abhilasha Niroola and Akshay Mehta have been listed as Recommended Lawyers in the Legal 500 Asia Pacific rankings 2021.
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