We at Eshwars are delighted to share our next video from our AllThings IP, knowledge video series. In this video titled "Important points to remember after designating India under the Madrid protocol", we have covered the two important procedural aspects under Indian trademark law that brand owners need to bear in mind after designating India under a Madrid protocol application. 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".

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Important points to remember after designating India under the Madrid protocol

GRAFFITI #1

Brief background:

The Ministry of Corporate Affairs, had on 30th March 2020, introduced Companies Fresh Start Scheme 2020, to provide companies with an opportunity to make good any filing related defaults, irrespective of duration of default and make a fresh start as a fully compliant company.

The Scheme was in force from 1st April 2020 till 30th September 2020 and further extended to 31st December 2020.

The details of the Scheme can be accessed in http://eshwars.com/blog/opportunity-to-file-delayed-belated-returns-with-registrar-of-companies/

Application for immunity:

The Companies which had filed belated returns/forms with the ROC under this Scheme, are required to file a form Read More

The Ministry of Corporate Affairs (“MCA”), had on 5th May 2020, allowed companies to conduct their Annual General Meetings (“AGM”) by way of Video Conferencing (“VC”) till 31st December 2020.

The procedure for conducting the general meetings by VC can be accessed in the following link - http://eshwars.com/blog/clarification-on-passing-of-shareholder-resolutions-during-covid-19-conduct-extra-ordinary-general-meeting-egm-of-shareholders-remotely/

In addition to the procedure provided in the aforesaid link, the Companies will have to comply with the procedure provided in the circular of the MCA dated 5th May 2020. Now the MCA has allowed the companies, whose AGMs were Read More

GRAFFITI #2

The Madras High Court on 7th December 2020 passed an interim injunction order in favour of Naidu Hall Family Store, the Plaintiff, restraining the Defendant from infringing the mark “Naidu Hall” belonging to the Plaintiff. The Court opined that the Plaintiff is a well-known and reputed partnership firm, which was founded in the year 1939, primarily dealing with textiles and has established goodwill and reputation in the said trade. Further, they have also obtained registration of the trademark for 'Naidu Hall' which has been registered in Class 24 in Trademark No.2793271 and in Class 25 in Trademark No.2582196. The Plaintiff has also registered the domain name http://vnhnaiduhall.com which contains the trademark 'Naidu Hall'. The order stated that the Defendant appeared to be in the same trade and also using the same mark 'Naidu Hall' with a slight addition namely, 'A Moham Venture'.

The counsel for the Plaintiff contended that Read More

GRAFFITI #3

On 18th October 2019, the department for Promotion of Industry and Internal Trade (DPIIT) of the Ministry of Commerce, had, wide a notification, published the draft amendment to Design Rules, 2001, inviting objections and suggestions from the public. In furtherance to the same, the Central Government, vide notification dated 25th January 2021, notified the designs (Amendment) Rules, 2021 (“New Rules”). Some of the key highlights of the said amendment are as under:-Read More