Indian Trademarks Registry publishes Journal No.1520 dated January 23, 2012. The said Journal is made available to public on January 23, 2012.
Deadline to file opposition to the published mark is April 22, 2012.
The total number of marks published in the Journal are 1437 out of which
- 176 marks are proposed to be registered at Trademarks Registry Ahmedabad,
- 352 at Trademarks Registry Mumbai,
- 34 at Trademarks Registry Kolkata,
- 539 at Trademarks Registry Delhi and
- 336 at Trademarks Registry Chennai.
If you wish to file opposition against the published mark(s), please send us instructions in advance to prepare the Notice of Opposition and prosecute the application further on your or your client’s behalf.
Please feel free to visit us at www.iprfirm.tel or write to us for any query at gurpreet@amarjitassociates.com
Indian Trademarks Registry publishes Journal No.1519 dated January 16, 2012. The said Journal is made available to public on January 16, 2012.
Deadline to file opposition to the published mark is April 15, 2012.
The total number of marks published in the Journal are 1026 out of which
- 161 marks are proposed to be registered at Trademarks Registry Ahmedabad,
- 281 at Trademarks Registry Mumbai,
- 23 at Trademarks Registry Kolkata,
- 380 at Trademarks Registry Delhi and
- 181 at Trademarks Registry Chennai.
If you wish to file opposition against the published mark(s), please send us instructions in advance to prepare the Notice of Opposition and prosecute the application further on your or your client’s behalf.
Please feel free to visit us at www.iprfirm.tel or write to us for any query at gurpreet@amarjitassociates.com
12.1.12, A unique combination of day and year and start of new word of .Anything.
With the launch of first application round starting today, NewgTLDs is certainly going to the next new .Thing in the coming time.
There are, however, number of concerns from various stakeholders with regard to the launch of NewgTLDs. Besides trademark issues which is one of the most contentions issue involving NewgTLDs, various other issues like Root Zone Scaling and Operation of Registries are most debatable issues involving NewgTLDs.
Once the Application period starts for the NewgTLDs, there shall be evaluation process for the grant of NewgTLDs, and Applicant is to respond to set of 50 questions covering the issues like Applying entity, its background, the mission and purpose of the proposed NewgTLDs applied, Registry Technical and Operational set up and The Financial Capabilities of an Applicant to run the Registry amongst others. ICANN shall ask the Applicant to demonstrate actual operation technical compliance prior to delegation of a NewgTLDs.
As far as rights of trademark owners are concerned, NewgTLDs implementation model introduces “Rights Protection Mechanisms (RPM)” which are not available in the current scenario. The said RPM shall include the following.
1. Trademark Clearing House (TCH)
It is proposed to have a single Database of Authenticated Registered Trademarks from around the Globe. This will provide data to support Trademark Claims and Sunrise Services. TCH shall be operated by third party or a service provider under license or agreement with ICANN. It further replaces the need for trademark holders to register their marks in different databases as NewgTLDs are launched.
It is proposed that ICANN shall require that every NewgTLDs operator utilize TCH service to conduct both a Trademark Claim and a Sunrise Process.
2. Uniform Rapid Suspension System (URS)
In a clear cut case of infringement of a Trademark, URS shall provide rapid relief to the Trademark owners and shall offer cheaper, faster responses than Uniform Domain Name Dispute Resolution Policy (UDRP).
The fee for URS expected to be in the range of USD 300-500 and shall be set by the URS services provider. However, if the Complainant is successful in proving his claims under URS complaint, it would result in suspension of domain rather than transfer of the name as available under UDRP.
This would be very beneficial for the Trademark owners to get the instant relief by suspension of domain and a website which normally takes 60 to 70 days for an effective transfer under UDRP regime.
Under PDDRP, claims for registry operator’s bad faith intent to profit from systemic registration of infringing domain name could be filed. An infringement claim against registry could be filed with the dispute resolution service provider under PDDRP, the remedy shall vary and might result in termination of registry in most egregious cases.
Besides the above, the process also proposes to publish the successful NewgTLDs before it’s granted to the Applicants and it is also proposed that an opposition/objections process could be filed against the Applications so published prior to their delegation of NewgTLDs upon the successful Applicant.
It would be interesting to see the changes in the World Wide Web Space starting 12.1.12.
Notification for Prosecution of Indian Trademark Application(s).
January10,2012 Controller General of Patents, Designs and Trademarks has issued a Public Notice dated 9th January, 2012 inviting the attention of Trademark Applicants and/or their agents concerning the Prosecution of Trademark Application(s).
It has been notified that Trademark Application(s) that are not compliant with following just requisites shall not be processed henceforth unless the information is provided in conformity with the format provided herein.
1. Description of Goods:
The Controller General has notified that description of goods and services in respect of which a Trade/Service Mark is proposed to be used or has been used should mention specific goods and services for which the mark is desired to be registered.
It has been notified that vague terminologies in the description of goods and services such as “all goods/services”, “etc”, “other goods/services included in class….”, “goods/services not limited to” shall not be entertained and the application shall not be processed for such descriptions
2.Name of Applicant:
Controller General has notified that the name of the applicant should be mentioned properly and in case.
a) It is a Proprietorship Firm- The Name of Proprietor
b) It is a Partnership Firm- The Name of all the Partners.
c) It is a Trust- The Name of Managing Trustee
d) It is a Society- The Name of the Person Representing the Society.
Should be mentioned.
3. Use of Trade/Service Mark:
Controller General has notified that the applicant and/or its agent shall specify the user of the mark in case it has been used by the applicant in Date, Month and the Year format. The application(s) mentioning only year and/or month/year shall not be processed without the removal of deficiency.
4. English Translation/Transliteration:
Controller General has notified that all non English Trade/Service Mark Shall be accompanied by Translation/Transliteration in case the same is not in an English language.
5.Mark:
Controller General has notified that illegible Trade/Service Mark Application(s) shall not be processed and clearly visible Trade/Service mark(s) are required to be filed.
If you have any queries relating Trademarks, Patents, Copyright, Domain Names, Please feel free to contact us at www.iprfirm.tel or write to us at gurpreet@amarjitassociates.com