Biat Legal

  Trademark Renewal refers to the process of extending the validity of a registered trademark for another period of time. In most countries, including India, a registered trademark is valid for a period of 10 years from the date of its registration. After the expiry of the 10-year period, the trademark owner can renew the trademark to maintain its protection and validity. Trademark renewal is an important process that ensures that a trademark remains protected and that the trademark owner retains exclusive rights to use the trademark for their products or services. If a trademark is not renewed within the prescribed time period, it may become vulnerable to infringement and unauthorized use by third parties, and the trademark owner may lose the exclusive rights associated with it. Trademark renewal can be done through a simple process, which may involve filing an application with the appropriate government authority, paying a renewal fee, and submitting other relevant documents, su...

  Trademark rights and other Intellectual property Rights are different in different countries. Each jurisdiction or country has their own way to protect their Trademarks in a way that is consistent with its policy objectives. However the term International Trademarks Rights stands out differently in different jurisdictions of countries. In each jurisdiction its existence and enforceability are different in most cases, unrelated. Despite different acts and rules in different countries, the Government has adopted and agreed  basic methods or protocols for submitting Trademark applications. These Alternatives are explained in the blog further. In which Countries Should an Applicant Register Its Mark? The applicant should register its mark in any country where they want to sell their goods or products or services and in jurisdictions where they want to do future business. Some trademark owners also register their marks in the areas where intellectual property counterfeiting is c...

  If you are an entrepreneur and have applied for Trademark registration and have received a show cause notice for your Trademark application then there will be a need to present your case before the examiner stating the reasons why your mark should be accepted. In this article we shall understand the Trademark hearing process in India and will prepare you to take the right steps forward. Read more :  Merger And Acquisition (M&A) Procedure in India What is Required for Trademark Hearing? Letter of Authorization- The very first thing that is required by any attorney who is presenting its client’s case requires a letter of authorization.  Documents- Following are the Documents that is required at the time of Trademark hearing Invoices from the date of first usage of the brand Purchase order Examination report Invoices from vendors CA certificate certifying the revenue earned/ expenses made till date in the name of the brand Brochures, visiting card, letterheads Social ...

The Delhi High Court has directed Parle Biscuits to modify two of its announcements by blurring the image of the eyefuls used in the advertisements since they act as Britannia's Good Day biscuits (Britannia Diligence Private Limited v Parle Biscuits Pvt Ltd and Anr). Single- judge Justice Prathiba M Singh directed Parle to ensure that two of its announcements are modified within two weeks so that the cookie image suggesting Good Day biscuits are no longer visible in the said announcements on any online platform from May 1. Read More : Loop Telecom and Trading Limited Vs Union of India The Court was dealing with a suit filed by Britannia seeking endless instruction and damages against Parle for diminishment and violation of its design of Good Day range of eyefuls. Britannia’s complaint related to three announcements used by Parle to promote its Parle 20-20 eyefuls. While in March, Parle had agreed to change the design of the packaging and the eyefuls in one of its announcements, t...

The Bombay High Court in June, 2020 has held that a wife is entitled to maintenance from her husband even if she carries some business and earns some money out of it. In this case the husband was asked to give his wife maintenance of Rs. 15000/- (Rupees Fifteen Thousand Only) per month and Rs. 7000/- (Rupees Seven Thousand Only) as a litigation cost under section 125 of the Code of Criminal Procedure 1973.. The order passed by the judge of the Family court was thereby challenged in the High Court.  The High Court said that, “ I n this era of inflationary economy, where the prices of commodities and services are increasing day by day, the income from the divorcee-wife business of beauty parlour, which has an element of seasonality, may not be sufficient to support the her livelihood and afford her to maintain the same standard of living to which she was accustomed to when she was resigning with her husband before the marital tie was situated by the decree of divorce by mutual consen...

  What is Design? The Design according to Indian Design Act, 2000 , is any shape, pattern, configuration, ornament or composition of colours or lines, which is applied to 2 dimensional or a 3 dimensional forms which can be judged or appealed solely by the eyes.  Design does not include any mode of construction or ant Trademark defined under Trademark Act, 1999. Furthermore it does not include any property mark defined under section 479 of IPC, or any type of artistic work under section 2(c) of the Copyright Act, 1957. What is a Design infringement in India? In the Design Act, 2000, the pirating of registered design is considered as a Violation of Design in India. Section 22 of the Designs Act, 2000, provides the vittles related to the Pirating of registered Designs in India. As per Section 22 of the Design Act, 2000, any fraudulent or egregious reproduction of a Design that's formerly registered without the concurrence of the proprietor or owner of the registered design is unl...