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Author: origiin

Origiin IP Solutions > Articles posted by origiin

Tips to select your Trademark symbols

A Trademark is a symbol, word, phrase etc. which identifies specific goods or services and legally differentiates from the other goods or services. Trademarks Act as a referral to the products. It carries goodwill for the products as it aids in identifying the goods, to attract the customers/consumers, to promote freedom of choice and an asset.   It is crucial and challenging to select a suitable symbol for the goods or services and much care is taken before proceeding with the selection and using the suitable trademark. The trademark should not be generic, not be descriptive, not be scandalous, names, surnames...

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The Difference Between Registered Trademark and Unregistered Trademark

Registered Trademark: A "registered trademark" grants a bundle of exclusive rights to its registered owner, including the right to exclusive use of the mark (monopoly right) in relation to the products or services. Un registered Trademark: An "unregistered trademark" is one which does not have legal benefits. But in some cases, an unregistered trademark may get common law benefits (Well known). Some major difference between registered and unregistered trademark is as discussed below:- REGISTERED UNREGISTERED 10 years and subject to renewal No term Available Infringement (Section 28) Passing off (Section 27) Statutory Remedy Common Law remedy Can use this symbol ®, TM at the end of the Trademark Cannot use this...

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Indian Biodiversity Authority Directed To Consider Approvals With Retrospective Effect

The Government of India issued an Office Memorandum directing the National Biodiversity Authority (NBA) to enhance the implementation of the provisions of the Indian Biological Diversity Act, 2002. NBA is a statutory, autonomous body under the Ministry of Environment and Forests established in 2003 headquartered in Chennai. The objective of NBA is to implement India’s Biological Diversity Act (2002). It performs facilitative, regulatory and advisory function for the Government of India on issues of conservation, sustainable use of biological resources and fair and equitable sharing of benefits arising out of the use of biological resources. The BDA Act (2002) covers conservation, use...

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FDI Policy 2017 Introduces Start-ups – Government, Public sector

FDI policies are much needed in order to monitor the FDI inflows and to maximize the returns from those inflows, for both the investors and the recipients. Foreign Direct Investment plays a major role in the economic development of developing countries like ours.   There are two routes by which India gets FDI and they are Automatic route – where FDI is allowed without prior permission of the Government or the RBI Government route – where prior approval by the Government is needed. FDI polices of 2017 have introduced a separate section for “Start-ups” and have made a provision for the...

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PATENT THE INTERNET OF THINGS IN THE FOOD INDUSTRY

What is internet of things (IoT)? Internet of things (IoT) is the fastest growing concept in today’s technology circles. The Internet of things (IoT) is a network of devices which can sense, accumulate and transfer data through the internet without any human intervention. The IoT connects non-internet enabled devices to the internet. IoT-enabled smart homes, IoT smart cars and IoT supply chains are the trending gadgets in the field of IoT. The IoT has considered having a greater impact on the market, surpassing the smartphone’s popularity with its economy estimated to reach around 2 trillion to 7 trillion from 2013-2020 period....

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O’Reilly V. Morse 1853-Case Brief

O'Reilly v. Morse-Case Brief Samuel Morse was the inventor of an electromagnetic telegraph. Morse owned the patent rights for his invention on the electromagnetic telegraph issued in the year 1840 and further reissued in the year 1848. Henry O'Reilly was an Irish-American businessman and a telegraphy pioneer. O'Reilly signed a contract in the year 1845 with Amos Kendall an agent of Samuel Morse, for a telegraph line from the eastern seaboard to the Great Lakes. The uncertainty of the contract and O'Reilly's aggressive elucidation led to the conflict with Kendall, resulting in a court battle and the consequential case O'Reilly v. Morse. Among the fourteen challenges of O’Reilly’ to the validity of Morse’s...

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Value of Goodwill in Trademarks

A mark capable of being represented graphically and it can also distinguish one goods and services from those of other. Trademarks could be a word, any symbol, design, color, sound or smell, and are a legal concept. "Goodwill" also refers to value, which is attached to a trademark. Trademarks which has higher quality products tend to enjoy more goodwill because of their potential market base. The difficulty lies in determining the value of goodwill. Although many companies has developed their own method for determining the value attached to their brands. Methods Cost valuation approach Income approach Market approach It is always...

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PCT Filing In India

A patent is a grant given by the government for an invention or development which is new and non-obvious; it’s a form of intellectual property.   Why to file a patent? Patent provides long time security for the invention and can bring substantial income to the inventor/ applicant from licensing their patent rights. Ability to restrict infringement by a competitor who makes, sells or offers to sell invention covered by the patent’s claims. Patents helps in branding and better positioning of the company in the market. Patent may be used as defensive publication to prevent others from obtaining patent on...

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Startup India Government Public Sector

The launch of a Startup India initiative was announced by the Hon’ble Prime Minister Shri. Narendra Modi on 15th August 2015. Mainly aiming to promote and encourage young entrepreneurs of our country and as an initiative to transform India. The startup India initiative launched on 16th January 2016 focuses on funding and establishing a support system to encourage innovation and entrepreneurship. The action plan of this Government initiative is to step up the startup movement and focuses on: Simplification and Handholding Funding Support and Incentives Industry-Academia Partnership and Incubation More than 45% of the startups recognised by the Department of Industrial...

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Protecting The Intellectual Property Of Jewelry Designs In India

Introduction: The growing demand of the jewelry has led to increase in substantial similarity in the designs exhibit. The jewelry designs are easily replicated or copied by others to gain more popularity. So, there is a need to protect this precious asset due to the growing demand in the market. How could one protect an original jewelry design: The original Jewellery design can be protected by the Designs act, 2000 Who can apply design registration: As per Sec 5 of the Designs act, 2000, any person who claims to be the proprietor of any new or original design can apply for registration of that particular design....

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