Category: Intellectual Property

With the Tribunal Reforms Ordinance of 2021, Appellate Boards for IP matters have been replaced by High Court

by mehtaip, posted in #India, Abhilasha Niroola, Ankush Mehta, Appellate Board, Copyright, High Court, Intellectual Property, IPAB, Mehta & Mehta, Mehta & Mehta Associates, MehtaIP, Ordinance, Patents, Plant Varieties, President, Trademark, Tribunal

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Continue reading “With the Tribunal Reforms Ordinance of 2021, Appellate Boards for IP matters have been replaced by High Court” →

Absolute extension of deadlines in view of COVID-19 withdrawn – Deadlines are effective from 15 March 2021

by mehtaip, posted in Ankush Mehta, COVID19, Intellectual Property, Mehta & Mehta, Mehta & Mehta Associates, MehtaIP, Patents, Supreme Court, Trademark

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Continue reading “Absolute extension of deadlines in view of COVID-19 withdrawn – Deadlines are effective from 15 March 2021” →

Office of CGPDTM publishes response / action taken post stakeholder’s meeting on 07 December 2017

by mehtaip, posted in CGPDTM, DIPP, Intellectual Property, IPO, Mehta & Mehta, Mehta & Mehta Associates, Stakeholders, Uncategorized

A meeting between stakeholders and official of Indian Patent Office (IPO) and Department of Industry Policy and Promotion (DIPP) was held on 07 December 2017 at DIPP. Continue reading “Office of CGPDTM publishes response / action taken post stakeholder’s meeting on 07 December 2017” →

Supreme Court of India denies protection to mark “Prius” for Toyota

by mehtaip, posted in Infringement, Intellectual Property, Mehta & Mehta, Mehta & Mehta Associates, Passing Off, Prius, Supreme Court, Toyota, Trademark, Uncategorized

Last week the Supreme Court of India has pronounced its judgment in this regard. The present judgement may have a direct and binding effect on majority pending trademark oppositions / litigations in India. In the present matter the Supreme Court has reiterated and upheld the following important principles / points: Continue reading “Supreme Court of India denies protection to mark “Prius” for Toyota” →

High Court issues directions for claimants of Well-Known Mark

by mehtaip, posted in Amended Trade Marks Rules, Delhi High Court, Intellectual Property, Mehta & Mehta, Mehta & Mehta Associates, Rule 124, Trade Marks Rules, Trade Marks Rules, 2017, Trademark, Uncategorized, Well-known

In a recent order, High Court has issued directions for claimants of “well-known” trademark in India. This is one of the first such directions issued by Indian Courts post recent amendments of Trademark Rules and introduction of Rule 124. Continue reading “High Court issues directions for claimants of Well-Known Mark” →