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Apple Patent Attorney, brand infringement, brand trademark, Business Administration, Business Models, Business Networking, Business Owner, Business Plans, Business Relationships, Business Strategy, Business-To-Business, IPR Companies, Digital Agencies, Ecommer, clearance search, CO founder agreement, co founder disputes, Entrepreneurship, Uncategorized

WHEN to BE ANGEL: Startup Ecosystem in India is Booming

The Buzz word “STARTUP” is SEXY to hear to one of the human senses ūüôā

Business Administration, Business Models, Business Networking, Business Owner, Business Plans, Business Relationships, Business Strategy, Business-To-Business, IPR Companies, Digital Agencies, Ecommerce, Entrepreneurs, Entrepreneurship, Human Resources, Industrial Design, Leaders, Leadership, Local Businesses, Local Marketing, Management, Management Consulting, Organizational Behavior, Small and Medium Enterprise (SME), Small Business lawyer, Small Business Advice, Small Business Marketing, Strategic Management, Social Entrepreneurship, Strategy, Strategic

There was a time and era in India where people use to introduce themselves as Business woman or Businessman in a conference. YOU like it or not even being in business for 12+ years I still have to opt for the word “STARTUP STRATEGIST” rather than the heavy word “LAWYER”.

According to today piece of news in¬†BUSINESS STANDARD¬†“Angel, seed stage deals down 40%”

Angel investors don’t see exits on the horizon as funding in the next stages is not as robust as it used to be

HOWEVER………..

NOW is the RIGHT TIME to INVEST in STARTUPs in INDIA as the industry has matured and YOUNG DYNAMIC STUDENTS are taking up Entrepreneurship at an early age of 18yrs which was like a fairy tale story in early 2000.

As quoted in Forbes article: Sometimes there is nothing more relaxing than coming home after a tough day at work or going on vacation and picking up a great book and turning on some background music. Millions of people read with music playing, and now one app is working to bring those two worlds together into one digital experience, all-encompassing experience.

Newly-formed startup Bubo is looking to revolutionize how people consume both books and music with one of the first ever products that combines those two forms of media. The company pairs carefully crafted music with stories, with the tunes created specifically to match what is happening in the literature, some of which is already well-known, with other options that nobody has ever read before.

One of my personal favourite Startup co-founder quote by About.me founder Ryan Freitas

‚ÄúYour reputation is more important than your paycheck, and your integrity is worth more than your career.‚Ä̬†– Ryan Freitas, About.me co-founder

Invest in a young startup which is mentored by Industry expert. As we all know universal fact YOU are known by 5 people you are around. So select a STARTUP who has the ZEAL to Reach for the SKY. More than the number it is the execution of the ideas with small term and long term goals who will succeed in future. A very good example in INDIA is¬†Zomato¬†who rebranded their brand FOODIEBAY when Ebay opposed their trademark application in INDIA. It was an overnight affair and BOOM a new baby was born. SO be very careful while¬†selecting brand name¬†for your VENTURE before you are sued by the SHARKS ūüôā

Zomato solved a problem and I talk this from my real life experience.

I was a regular visitor of Tibet Kitchen at connaught place in the back lane. All of a sudden it was closed down due to metro work. Anyhow not feeling disheartened I used to search about Tibet Kitchen online and ONE FINE DAY FOODIEBAY popped out with its lastest address.

Voila Moment for a Foodie like me !!

So coming back to the point, invest in the person rather than the idea. If simple formula can be applied investors can double the MONEY and earn $$$$$$. Currently, investors have turned cautious after the euphoria of 2015 and 2016 and are waiting for exits to rotate their money.

As said by Ravindra Krishnappa, an angel investor from Bengaluru

‚ÄúPeople have come to realise that exits are going to be only in 5+ year timeframe, which means while¬†angel investment is sexy, it has lower liquidity than other forms of investment‚ÄĚ

YES, 5 year rule is very much applicable !!

Business idea is just like YOUR baby which has to be nurtured with ingredients of doing BUSINESS with passion and empathy. There is no shortcut to SUCCESS. Just like a new born baby who has to taught by the parents basic education before the kid enters KINDERGARDEN where the timeframe is again 4-5 years. So to bear the fruits one has to have the vision to ENVISION the future in the present state of affairs.

‚Äė‚ÄėAngels have turned cautious and choosy as they have burnt their fingers. The frenzy that you saw earlier is no longer there. Earlier, a company would start and get funded. Now, investors want to see a lot more traction before they invest,‚ÄĚ says Balaji.

Angel deals are down 47 percent since 2016 and 44 per cent since 2015, according to data compiled by research firm Venture Intelligence. Seed-stage deals are down 44 per cent and 42 per cent, respectively, while deal value fell 42 per cent and 38 per cent over 2016 and 2015.

How to generate different types of IPRs from existing business venture and why protecting IPRs is the need of an hour for raising funds?
Why Protecting IPRs is the need of an hour for Raising VC funds?

Time to turn the table and invest in businesses who are able to fulfil the checklist. We at TCIS, India can assist and work with startups and investors to FILL the GAP which are existing in the current ecosystem. I would be taking closed door session at Bangalore on 22nd September. During the workshop, all sessions will have highly technical content with workshops catering to all levels of experience. The workshop aims to provide a comprehensive knowledge on e-valuation methods & approaches along with governance and regulatory requirements for Tech Start-ups.

Valuation & Fundraising for Tech Startups in Bengaluru

This one day workshop is curated for ambitious Start-ups, Senior Executives and strategists from Tech Start-ups. All emerging entrepreneurs and PE/VC professional who are planning to enter into the Tech , Seasoned practitioners who want to bolster their skills to create and maintain a thriving business.

Training details:

Intellectual property valuation patent lawyer

Title: Valuation and Fundraising for Tech Startups

Date: 22nd September 2017

Location: Bengaluru

Trainers: 

Santosh N Director – National Management, Duff & Phelps (Formerly American Appraisal)

Anirudh Damani (Partner , Artha India Ventures)

Prity Khastgir (Founder & Director Tech Corp International Strategist (TCIS, India)

Kapil Bellubi (Director ‚Äď Valuations,¬†Deloitte)

Why You Should Attend?

BRAND VALUATION patent lawyer APPROACHES AND METHODS

band lawyer india, brand infringement, brand trademark, trademark filling in India, trademark infringement, Uncategorized

Indian Trademark Infringement Case Study: Cadila Healthcare Ltd. v/s Gujarat Co-operative Milk Marketing Federation Ltd

Cadila Healthcare Ltd. v/s Gujarat Co-operative Milk Marketing Federation Ltd

Indian Trademark Infringement Case Study

DETERMINING THE STATE OF DISTINCTIVENESS

Is It Trademark Infringement?
What is a protected trademark?

“Best case scenario, the mark is a blend of two well known English words. Once a typical phrase in the English dialect which specifically describes the item is embraced by a business enterprise, such reception normally entails the risk that others in the field would also be qualified for use such phrases gave no endeavor is made to ride on the fleeting trend of the appellant’s indubitably market driving item ‘Sugar Free’. In this association, simply because the attributes of ‘sugar free’ can be described by different phrases can’t detract from the regular usage of the phrase ‘Sugar Free’ as signifying products which don’t contain sugar and any dealer which adopts such mark in the market, does so with the unmistakable learning of the possibility of different traders also using the said mark. That is precisely the reason for the dissent of assurance to such marks by refusing registration as envisaged by Sections 9, Section 30 and Section 35 of the Trademarks Act, 1999.”

Cadila Pharmaceuticals Ltd.

Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
What constitutes an infringement of trademark?

It is one of the biggest privately held pharmaceutical organizations in India, headquartered at Ahmadabad, in the State of Gujarat. In the course of the most recent six decades, the organization has been creating and manufacturing pharmaceutical items in India and offering and dispersing these in more than eighty-five different nations around the globe. It focuses unequivocally on Innovation and Research, the organization is available in more than forty-five helpful zones spread crosswise over twelve specialties, including cardiovascular, gastrointestinal, analgesics, haematinics, hostile to infective and anti-microbial, respiratory operators, ant diabetics, and immunological.

Recently Cadila Pharmaceuticals Ltd. filed a suit against Gujarat co-operative Milk Marketing Federation Ltd & oths.

It manages the Establishment of an immediate linkage between milk makers and customers by taking out mediators, Milk Producers (agriculturists) control acquirement, handling, and marketing and, Proficient administration.

GCMMF (Amul) has helped India to rise as the biggest milk maker on the planet. More than 15 million milk makers pour their milk in 1, 44,500 dairy helpful social orders the nation over. Their milk is prepared in 184 District Co-agent Unions and promoted by 22 State Marketing Federations, guaranteeing a superior life for millions.The case has been filed over use of the words ‚ÄúSugar free‚ÄĚ.

cadila_swedan_logo
Cadila Pharmaceuticals Ltd. 2001 PTC 541 (SC) Full Bench Brief to market the drug under the trade mark of ‚ÄúFALCIGO‚ÄĚ all over India

Cadila Healthcare Ltd. v. Gujarat Co-operative Milk Marketing Federation Ltd. and Ors’ 2009 (41) PTC 336 (Del.) (DB) is a judgment of the Delhi high Court that arrangements with the issue of mediating the peculiarity of a trademark when it is at first sight, “expressive” in character.For the situation, Cadila Healthcare Ltd. propelled an item containing ‘aspartame’, a sugar substitute, under the brand name ‘Sugar-Free’ in the year 1988.

Cadila had purportedly coined and embraced the trademark ‘Sugar-Free’ and was the principal client of the said trademark in India. Gujarat Co-operative received a stamp consisting of the words ‘Sugar-Free’ for their solidified pastry, indistinguishable with and misleadingly like the Cadila’s trademark.

The Gujarat Co-operative notwithstanding, as a matter of fact, were not offering their items under the name ‘Sugar-Free’, yet utilizing the same as an expressive modifier for their item. Cadila recorded a suit under the steady gaze of the educated Single Judge looking for a declaration of changeless injunction for controlling Gujarat Co-operative from utilizing as a part of any way, especially in connection with their items, the articulation ‘Sugar Free’, which Cadila asserted had obtained selectiveness as a trademark in connection with its different items.

The application for an injunction was expelled by the educated Single Judge, against which the present interest was recorded.It might be specified here that the litigant had a 74% offer in the sugar substitute market in India, plainly building up a prevalent premium.

The claim of eliteness depended upon the term ‘Sugar-Free’ being a coined word. The court decided that M/s Cadila Healthcare can’t be permitted to utilize the articulation since it was inalienable spellbinding in nature and has become a commonly utilized word in connection to nourishment and drinks. It likewise watched that “sugar-free” was not a coined word or an irregular combination of words.

Since it was a commonly utilized articulation in composed and additionally communicated in English, it could in this way not be hoarded for use by any exchange.

In perspective of the above supposition, the Court declined to concede an injunction on the utilization of the said check by Gujarat Co-operative as a piece of a sentence or appealing legend in order to portray the idea of their item.

They were that as it may, require diminishing the text dimension of the said term, which conspicuously stood greater than the trademark of the item.

tm 6 trademark
Is It Trademark Infringement?

Apply for TM Registration and discuss your brand strategy  and understand importance of brand, logo and tagline with expert consultants at Tech Corp International Strategist India TCIS, India.

Locations: Delhi, Gurgaon, Noida, Mumbai, Banglore

IF YOUR STRATEGY AND DOCUMENTATION ARE IN PLACE WE GET‚ÄĚYOUR‚ÄĚ TRADEMARK REGISTERED IN TWO- THREE WEEKS

We at Tech Corp International Strategist India(TCIS) provide Trademark services:

TRADEMARK OFFICE ACTION RESPONSES

We at TCIS,India evaluate your office action after client discussion and understanding his business quotes and let you know if there is a fair chance to get your trademark application approved. If you decide to hire our trademark lawyers / trademark attorneys at TCIS to draft a response to the office action, cost effective flat rates are available.

As experienced trademark attorneys we at TCIS are well versed in responding to office action letters issued by trademark examining attorneys at the Indian Patent Office(IPO) and Indian Trademark Office.

Trademark Monitoring Services

We at TCIS,India also offers trademark monitoring services for OUR  clients. This service is designed to protect the client’s trademark by periodically reviewing the records of the Indian Patent Office(IPO) and Indian Trademark Office, and additional sources, depending on the monitoring service requested, for applications to register, or use of, confusingly similar marks.

Other Services

The firm offers a variety of services, including representation in cancellation and opposition proceedings at the Trademark Trial and Appeal Board.

CALL NOW FOR YOUR FREE CONSULTATION WITH TRADEMARK ATTORNEY  at 011 6654 4992 OR SEND AN EMAIL TO legal_desk@patentbusinessidea.com

When you contact Trademark attorney at TCIS,India whether by phone or email, you can expect to receive prompt, professional, efficient and courteous service.

  • Clients of the firm enjoy the following:
  • Free initial trademark consultation with an experienced trademark attorney
  • Review of office actions by an experienced trademark attorney ¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†
  • Trademark attorney personal attention to their matters ¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†
  • Firm ideology of involvement that requires ‚Äúgoing the extra mile‚ÄĚ ¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†
  • Firm policy to return client phone calls and respond to emails immediately whenever practical ¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†
  • Cost-effective flat rates

OUR CLIENTS ARE LOCATED THROUGHOUT THE WORLD INDIA,UNITED STATES, AUSTRALIA, CANADA, CHINA, DENMARK, ECUADOR, HONG KONG, MALAYSIA, SINGAPORE, INDIA, ITALY, INDONESIA, SOUTH AFRICA, SOUTH KOREA, SWEDEN, FRANCE, SWITZERLAND,  U.A.E. ,  UK.

IF YOUR STRATEGY AND DOCUMENTATION ARE IN PLACE WE GET”YOUR” TRADEMARK REGISTERED IN TWO- THREE WEEKS

The strategist bases his strategy on the wisdom
Why do you need a techno legal strategist in a startup?

Co Author: Aarti Dhillon is a third-year law student pursuing BBA LLB (Hons.) with specialization in corporate laws from the College of Legal Studies, University of Petroleum and Energy studies. She is an enthusiastic individual with an emphasis on achieving astounding standards both personally and academically. She is an aspiring corporate law and patent law enthusiast who is captivated with exploring, learning and practicing technology, invention, business, and law simultaneously. In her opinion Law, business and technology have reliably been the thing that has intrigued her the most and how with genuine learning and practice with regards to the said three, one can organize the framework to oblige individuals’ individual needs. She plans to have an effective law career ahead and apply her aptitudes obtained from both her work and academic experience and further enable her to make a difference in people’s life.