Physical application prices increased by 25% As a part of Digital India initiative, Government is encouraging more online filings than physical filings.

The Process: How You Can Get Your International Trademark Stage 1  – To file an application under the Madrid Protocol in India, theapplicant needs to first have applied for registration at the Indian Trademark Office.

In India, copyright law is governed by the Indian Copyright Act, 1957, where section 13 of the Act lists the works in which copyright subsists.

However, there is another aspect to trademark infringement in India, i.e. indirect infringement.

The Court, while referring to section 29 (4) of the Trade Marks Act, 1999, recognized the essentials for dilution as under: (1) The impugned mark must be identical or similar to the injured mark; (2) The one claiming injury due to dilution must prove that her/his mark has a reputation in India; (3) The use of the impugned mark is without due cause; (4) The use of the impugned mark (amounts to) taking unfair advantage of or is detrimental to, the distinctive character or repute of the registered trademark.

Some familiar examples of these are; com- commercial businesses, gov-Government agencies, edu-educational institutes and org-organizations.

Based on the feedback and concerns raised by the related persons and experts, the Act is further amended several times relaxing few provisions therein, aiming for a business-friendly India.

The situation for Pinterest may turn out to be graver than it currently is, with Premium Interest Ltd. gearing up to register the trademark PINTEREST in Australia, New Zealand, Brasil, Turkey, Malaysia, South Korea, India and Japan.

Section 47 of the Trade Marks Act, 1999 provides for removal of a registered trademark in two scenarios, if it is proved that: The trademark was not registered with a bona fide interest and was not put into use three months prior to the date of application If there has been continuous non-use of the mark for a period of 5 years Exceptions couched under clause 3 of section 47, are allowed on the following grounds: if the non-use of the trade mark can be proven due to due special circumstances in the trade, which includes restriction on the use of the trade mark in India imposed by any law or regulation but does not include any intention to abandon the trade mark in relation to the goods or services to which application for removal relates.

Preamble Earlier before the introduction of the bill, the lenders were unconfident with various overlapping laws in India with relation to the recovery or restructuring of the defaulted assets.