“We at Eshwars are delighted to share our next video from our AllThings IP, knowledge video series. In this video titled "Importance of Trademark Pre-filing search", we have covered the importance of conducting a search for a trademark which is adopted for business. Brand owners need to exercise due-diligence prior to filing a TM Application by conducting an online Trademark search at www.ipindia.nic.in. This will help them in strategizing the application and saves time and cost. We also request you to subscribe to our YouTube channel– Eshwars to receive regular updates. In case of any queries, feel free to write us at: "ip@eshwars.com".

KNOWLEDGE VIDEO SERIES FROM ESHWARS

Importance of Trademark Pre-filing search

GRAFFITI #1

On 17th December 2020, the Copyright Office (CO) released a Public Notice, wherein it has introduced a new e-filing facility for registration of changes in particulars of copyright entered in the register of copyrights through form XV. The CO in its notice has stated that in its endeavour to enhance transparency and digital empowerment of users it has decided to introduce this e-filing facility. Read More

GRAFFITI #2

The Ministry of Corporate Affairs has on 17th December 2020, extended the time from which the Companies (Auditor’s Report) Order, 2020 (hereinafter referred to as “CARO 2020” or “Order”) will be applicable. After this extension, CARO 2020 will be effective from the financial year 1st April 2021-2022 onwards. This means that the auditor’s report of the Companies to whom CARO, 2020 is applicable, will have to contain the matters provided in the CARO, 2020, from Financial year 2021-22 onwards. Read More

GRAFFITI #3

India bowls its first ball to become a global player by signing a MOU on intellectual property cooperation with the USA on 2ndDecember 2020. The MOU was signed between the Commerce Ministry’s Department for Promotion of Industry and Internal Trade (DPIIT) and the United States Patent and Trademark Office (USPTO), with an aim to increase IP cooperation between the two countries. The MOU was signed by way of a virtual signing ceremony conducted by DPIIT secretary Dr Guruprasad Mohapatra and USPTO director Andrei Iancu. According to the DPIIT, “The MoU will go a long way in fostering cooperation between India and USA and provide opportunities to both countries to learn from the experience of each other, especially in terms of...Read More

GRAFFITI #4

Brief background on data bank of independent directors:

The Ministry of Corporate Affairs (“Ministry”) had with effect from 1st December 2019, for the following category of persons, introduced the requirement of registering with the Institute Indian Institute of Corporate Affairs at Manesar (“Institute”) for the purpose of inclusion of their name in the data bank for the independent directors: Read More

GRAFFITI #5

The IPAB has stayed the operation of registration of 'N95' as a trademark. The IPAB while considering a rectification application filed by SASSOON FAB International Pvt. Ltd., (“Sassoon” / “Company”) held that N95 is a generic term in the mask industry and the same cannot be registered or protected as trade mark nor can it can be appropriated by any one person.

Sassoon which is engaged in the business of selling masks, had filed a rectification application under Section 57 of Trademark Act, 1999, for Removal of the "N95" label under Reg. No. 4487559 in class 10 registered in favour of one Mr. Sanjay Garg (“Respondent”). The Company submitted that it checked through the Respondent’s website, www.maya123.com and found that he was running a business of various Audio & Video accessories like cables, connectors, smart watches, speakers etc.. Read More

GRAFFITI #6

Introduction

Compounding is a process to facilitate those who have not complied with the provisions of Foreign Exchange Management Act, 1999 and the rules/ regulations/ notification/ orders/ directions/ circulars issued thereunder (“FEMA”/ “Act”). When the provisions of FEMA are not complied with by the person using foreign exchange, he is committing a contravention. He must have an avenue to rectify the contravention. To facilitate this rectification FEMA prescribes a method for compounding the contravention. Read More