“We at Eshwars are delighted to share our next video from our AllThings IP, knowledge video series. In this video titled “Downsides to filing a Proposed to be used TM Application in India” we have highlighted key aspects and the common pitfalls that brand owners need to bear in mind while filing a trademark application on a “Proposed to be Used” basis in India. 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

Downsides to filing a Proposed to be Used TM Application in India

GRAFFITI #1

An annual return is a yearly return to be filed by all the companies with the Registrar of Companies, certifying the compliances under the provisions of companies act and in which the companies are required to make detailed disclosures such as details of shareholders and directors and the changes to the shareholding & directorship during the financial year, the dates of Board and general meetings and attendance of directors and shareholders and various other disclosures.

This annual return is required to be filed with the Registrar of Companies in e-Form MGT-7, within a period of sixty days from the conclusion of annual general meeting or sixty days from which such annual general meeting should have been held.

The Ministry of Corporate Affairs on 5^th March 2021, has notified certain amendments (“Amendment”) Read More

GRAFFITI #2

In a recent interim order passed on the 9^th March 2021, in the matter of Sanjay Soya Private Limited V Narayani Trading Company, the Hon’ble High Court of Bombay held that registration of a copyright is not mandatory for the purposes of filing an infringement action under the Copyright Act, 1957.

If a brand owner’s logo has original, creative and artistic characteristics, it is advisable for such brand owners to additionally seek a copyright protection over the same under the provisions of the Copyright Act, 1957 as an artistic work apart from seeking a trademark registration over the same under the Trademarks Act, 1999. Read More

GRAFFITI #3

Registrations of trademarks as a series have recently gathered momentum and are fairly new to the trademark game. Series trademarks are believed to have potential to offer next level of protection to powerful brands.

A trademark owner may use a variety of marks with a common prefix, suffix or syllable or for instance, in case of a beverage brand with various flavours of the drink, the trademark may remain constant with only few variables such as that of the specific flavour name of the drink or the colour and theme of the representation etc. In this case the overall impression of the trademark on the consumer does not change and remains constant.

The mark can prove its strength by establishing that it has a family of marks Read More