Trademark has emerged as one of the vital instruments in generating business. Once the mark becomes associated with the business, it instills a substantial amount of goodwill to the business. It has become a prevalent practice that the business concerns adopt a trademark much before the actual initiation of business. The usual practice of procuring trademark initiates with the filing of application for the same. The Indian Trade Marks registry on receipt of an application is required to acknowledge the receipt of the same and the trademark registry while processing the application is required to cause a search amongst the registered trademark and also the pending application.
The High Court of Delhi in Zee Telefilims Ltd. & Anr. v. Asia Today Ltd & Ors 2007 (34) PTC 467 (Del.) restrains the Registrar of Trademark of all branches from processing pending applications pertaining to a particular trademark "Zee".
Facts of the case
The petitioner claims that its trademark and logo "Zee" has been recognized and acquired a distinct and separate meaning and hence are entitled to protection in respect of goods which are yet to be marketed by the petitioner. The fundamental grievance is that, in spite of the such acquaintance with the mark, the Registrar of Trademark is admitting application for registration of the mark ‘Zee" by hundreds of individuals with the aim of pushing up the sales. They further admit that it is impossible for them to keep track of all the application and to file opposition there to.
The moot contention of the petitioner is that, it is the statutory duty of the Registrar to conduct a search for similar marks before they are advertised in the Trademark Journal. As per Rule 37 (2) of the Trademark Rules, 2002 the Registrar upon receipt of the application for registration shall cause a search to be made among the registered trademark and pending applications for the purpose of ascertaining whether there are on record any mark which are identical or deceptively similar to the mark sought to be registered.
The Court issued notice to the Joint registrar and pending its return, restrained the Registrar of Trademarks of all ranches from processing pending application pertaining to the application "Zee". The Court further entertained an injunction for restraining the Registrar of Trademarks from advertising any further application, which may e filed pertaining to trademark "Zee".
It usual course of action in prosecuting a trademark application is that the Registrar conducts a search report and attaches the search report with the First Examination Report, and only after that the application is filed in the trademark journal. The public becomes aware of the mark only through the Trademark Journal and hence the search conducted by the registrar becomes vital in prosecuting an application. The Registrar is bound to conduct a preliminary search.
This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
Department of Industrial Policy and Promotion recently issued an office memorandum pursuant to receiving representations from various stakeholders for guidance with respect to the applicability of the provisions of Section 31D of the Copyright Act, 1957.
An Invention Disclosure Form is the documentation of the invention. This is a means to document particulars of your invention and submitting it to the patent attorney who is filing your patent application.
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).