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Innovations utilizing Haptic technology

haptics technology, haptic technology examples, haptic technology ppt, “Haptics”- The ability to see, hear, or become aware of something that result from any form of interaction involving touch or the sense of touch. With the aim to recreate the sense of touch via a haptic device, haptic technology has opened up a myriad of possibilities from vibrating cell phones that alert you to an incoming message or call, to smart watches, wristbands, virtual reality training simulators, implantable devices that produce feedback and even in robotic surgeries.

Haptic devices incorporate microcontrollers, drivers, actuators or motors, as well as software for multimodal experiences that improve the usability by engaging touch, sound and sight. Haptics is widely becoming a tool used in a variety of applications they can be found in virtual reality applications to give a greater sense of realism or create a 3D environment. The haptic technology has been found in smartphones and computer and video games for many years but the innovations utilizing haptic technology is now integrating haptic technology into healthcare, transportation, robotics etc.  

Some of the recent patents based on haptic technology:

1.US 9829995

Title: Eye tracking to move the cursor within view of a pilot

Assignee: Rockwell Collins, Inc. (Cedar Rapids, IA, US)

Publication Date: 28 Nov 2017

Abstract:

The present disclosure is directed to a method for managing a location of a cursor on a display. The method may include the step of receiving an input from a user. The method may also include the step of detecting a gaze of the user within the display. The method may also include the step of displaying the cursor on the display within the gaze of the user.

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2.EP3254917

Title: METHOD AND DEVICE TO CONTROL VEHICLE BEHAVIOUR

Assignee: Barelli, Giuseppe (Via Baldanzese 127/b, 50041 Calenzano (FI), IT)

Publication Date: 13 Dec 2017

Abstract:

This abstract is provided to introduce a selection of concepts in a simplified form that are further described below in the Detailed System Description section. The abstract is not intended to identify key features of the claimed subject matter. Disclosed in this paper is a vehicle performance control device conceived to autonomously determine a safe, economic and eco-sustainable driving behaviour to reduce the mechanical stress, the wear and the maintenance cost of vehicles. The invention provides a vehicle performance control device arranged between the vehicle’s Pedal Interface (PI) including the cruise control, the speed limitation and the speed control systems, or a combination of these, and the vehicle’s Electronic Control Unit (ECU). The control device autonomously and dynamically acts on the functional status of the cruise control, the speed limitation or the speed control system to modulate the vehicle’s performance. The performance is tuned depending on the current vehicle’s position, speed, acceleration, inclination and pose respect to the ground. For example, the vehicle’s max speed can be limited in specific geographic areas or during specific time intervals when the driver is supposed to drive improperly, excessively were off the vehicle, or parts of it, or stress the mechanics. The performance limitation can be turned off manually by the drivers for safety reasons, remotely by fleet’s managers or fleet’s management systems , or automatically by the system whenever the context requires the entire engine power to get the vehicle working properly. For example the engine performance will be not limited if the vehicle gets in an uphill over a certain inclination threshold to avoid stops due to torque outages. The control device embeds a communication unit able to connect to the internet, exchange data with personal computers, diagnostic tools or personal devices such as smartphones and tablets. The control device provides all the useful information for the estimation of the vehicle’s status, the driver’s behaviours and the induced mechanical stress and wear off. The communication unit is intended to exchange data for the monitoring of the vehicle’s status, its performance and for the tuning of the control unit’s strategy. The communication can be automatically scheduled by the system itself, attempted by the remote fleet’s managers or the fleet’s management systems, or performed by humans operators or the connected remote devices on requests. A human machine interface provides visual, acoustic or haptic feedbacks, or a combination of these, to the driver on the status of the control device, the estimated level of wear or mechanical stress induced on the vehicle or part of the vehicle, the drive safety, efficiency and the eco-sustainability.

3. US 9811818

Title: Wearable personal digital device for facilitating mobile device payments and personal use

Assignee: WORLD AWARD ACADEMY (Austin, TX, US),

WORLD AWARD FOUNDATION (Austin, TX, US)                 

AMOBILEPAY, INC. (Austin, TX, US)

Publication Date: 7 Nov 2017

Abstract:

Provided is a wearable personal digital device for point of healthcare saliva testing. The wearable personal digital device may comprise a processor, a display, biometric sensors, activity tracking sensors, a memory unit, a communication circuit, a housing, an input unit, a projector, a timepiece unit, a haptic touch control actuator, a band, a mounting clip, a saliva sample insert apparatus, a pinhole, a light emitting diode board, a battery, and a set of sensors. The processor may be operable to receive data from an external device, provide a notification to a user based on the data, receive a user input, and perform a command selected based on the user input. The housing may be adapted to enclose the components of the wearable personal digital device. The band may be adapted to attach to the housing and secure the wearable personal digital device on a user body.

4.US 9746847

Title: Operating arrangement

Assignee: Continental Automotive GmbH (Hannover, DE)

Publication Date: 29 Aug 2017

Abstract:

An operator control device includes an operator control element configured to provide haptic feedback to an operator. The operator control element is activatable by an input member of the operator and has: a first planar component; and a second planar component oriented in parallel with the first planar component, the first and second planar components being movable relative to one another. The first and second planar components are guidable between a position of rest and an activation position while maintaining their parallel orientation with respect to one another. In the activation position the distance between the first and second planar components is smaller than in the position of rest. The first and second planar components are spring loaded in the position of rest.

5.US 20170349119

Title: NOVEL PORTABLE DEVICE HAVING A CHANGEABLE ILLUMINATED DISPLAY AND COMMUNICATIONS PLATFORM

Assignee: Eiland, Donald Curtis (Milpitas, CA, US)

Publication Date: 7 Dec 2017

Abstract:

The present invention relates generally to illuminated display devices and methods of displaying indicia, advertisements, etc. on a changeable illuminated display. The display device comprises a frame structure, a plurality of openings formed in the frame structure, the plurality of openings comprising first and second open spaces disposed at top and bottom positions, respectively, of the frame structure, and the plurality of openings further comprising a third open space disposed between the first and second open spaces. The display device further comprises a compact image display device operable to display an image, the compact image display device held and positioned relative to the frame structure such that first, second, and third different portions of the image, when displayed by the compact image display device, are visible through the plurality of openings first, second, and third open spaces, respectively. Additionally, control circuitry is coupled to the compact image display device.

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6.US 9563266

Title: Haptic augmented and virtual reality system for simulation of surgical procedures

Assignee: IMMERSIVE TOUCH, INC. (Westmont, IL, US)

Publication Date: 7 Feb 2017

Abstract:

The present technology relates to systems, methods and devices for haptically-enabled virtual reality simulation of cerebral aneurysm clipping, wherein a user uses two physical stations during the simulation. The first station is a haptic and augmented reality station, and the second station is a haptic and virtual reality station.

7.US 9679546

Title: Sound vest

Assignee: Not Impossible LLC (Venice, CA, US)

Publication Date: 13 June 2017

Abstract:

Vibratory motors are used to generate a haptic language for music or other sound that is integrated into wearable technology. The disclosed system enables the creation of a family of devices that allow people with hearing impairments to experience sounds such as music or other auditory input to the system. For example, a “sound vest” transforms musical input to haptic signals so that users can experience their favorite music in a unique way, and can also recognize auditory cues in the user’s everyday environment and convey this information to the user using haptic signals.

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Replying to TRADEMARK Objections

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 A Trademark is a type of intellectual property protection, under which a word, phrase, visual symbol and/or design used by a company to distinguish its goods or services from other similar goods or services originating from a different company can be protected. A trademark registration will confer an exclusive right and legal certainty to the use of registered trademark by the right holder.

 Trademark protection can be obtained by filing a trademark application with the relevant Trade Mark Registrar in the prescribed format and paying the required fees.

 Once a trademark application is filed, the trademark registration application will be allocated to a Trademark Officer in the Trademark Registrar Office. The Trademark Officer would then process the application and analyse it. The Trademark Officer will give its opinion about the Trademark in the form of an “Examination Report”. Based on the Examination Report, the trademark application is published in the trademark journal or an objection is raised for registration of Trademark.

 If the trademark registration application is objected by the Trademark Officer, the trademark applicant has the right to submit a written reply for the objections raised within 1 month from the date of receipt of examination report. The trademark examination reply should include reasons and evidences along with the supporting documents to prove the distinctiveness of the trademark and as to why the trademark should be registered. The application is allowed to be published in the Trademark Journal before registration only if the Trademark officer is satisfied by the reply. Thus, the reply to the Trademark examination report should address all the concerns raised by the Trademark Officer.

The Trademark Officer raises an objection for registration of trademark under Section 9 and Section 11 of “The Trade Marks Act, 1999”.

 

Section 9 of The Trade Marks Act, 1999 states the Absolute grounds for refusal of registration—

 

(1) The trade marks—

(a) which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;

(b) which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service;

(c) which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade, shall not be registered:

Provided that a trade mark shall not be refused registration if before the date of application for registration it has acquired a distinctive character as a result of the use made of it or is a well-known trade mark.

(2) A mark shall not be registered as a trade mark if—

(a) it is of such nature as to deceive the public or cause confusion;

(b) it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India;

(c) it comprises or contains scandalous or obscene matter;

(d) its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act,1950 (12 of 1950).

(3) A mark shall not be registered as a trade mark if it consists exclusively of—

(a) the shape of goods which results from the nature of the goods themselves; or

(b) the shape of goods which is necessary to obtain a technical result; or

(c) the shape which gives substantial value to the goods. \

Section 11 of The Trade Marks Act, 1999 states the Relative grounds for refusal of registration—

(1) A trade mark shall not be registered if, because of—

(a) its identity with an earlier trade mark and similarity of goods or services covered by the trade mark; or

(b) its similarity to an earlier trade mark and the identity or similarity of the goods or services covered by the trade mark,

there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade mark.

(2) A trade mark which—

(a) is identical with or similar to an earlier trade mark; and

(b) is to be registered for goods or services which are not similar to those for which the earlier trade mark is registered in the name of a different proprietor, shall not be registered if or to the extent the earlier trade mark is a well-known trade mark in India and the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or repute of the earlier trade mark.

(3) A trade mark shall not be registered if, or to the extent that, its use in India is liable to be prevented—

(a) by virtue of any law in particular the law of passing off protecting an unregistered trade mark used in the course of trade; or

(b) by virtue of law of copyright.

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(4) Nothing in this section shall prevent the registration of a trade mark where the proprietor of the earlier trade mark or other earlier right consents to the registration, and in such case the Registrar may register the mark under special circumstances under section 12.

(5) A trade mark shall not be refused registration on the grounds specified in sub-sections (2) and (3), unless objection on any one or more of those grounds is raised in opposition proceedings by the proprietor of the earlier trade mark.

(6) The Registrar shall, while determining whether a trade mark is a well-known trade mark, take into account any fact which he considers relevant for determining a trade mark as a well-known trade mark including—

(i) the knowledge or recognition of that trade mark in the relevant section of the public including knowledge in India obtained as a result of promotion of the trade mark;

(ii) the duration, extent and geographical area of any use of that trade mark;

(iii) the duration, extent and geographical area of any promotion of the trade mark, including advertising or publicity and presentation, at fairs or exhibition of the goods or services to which the trade mark applies;

(iv) the duration and geographical area of any registration of or any application for registration of that trade mark under this Act to the extent that they reflect the use or recognition of the trade mark;

(v) the record of successful enforcement of the rights in that trade mark, in particular the extent to which the trade mark has been recognised as a well-known trade mark by any court or Registrar under that record.

(7) The Registrar shall, while determining as to whether a trade mark is known or recognised in a relevant section of the public for the purposes of sub-section (6), take into account—

(i) the number of actual or potential consumers of the goods or services;

(ii) the number of persons involved in the channels of distribution of the goods or services

(iii) the business circles dealing with the goods or services, to which that trade mark applies.

(8) Where a trade mark has been determined to be well known in at least one relevant section of the public in India by any court or Registrar, the Registrar shall consider that trade mark as a well-known trade mark for registration under this Act.

(9) The Registrar shall not require as a condition, for determining whether a trade mark is a well-known trade mark, any of the following, namely:—

(i) that the trade mark has been used in India;

(ii) that the trade mark has been registered;

(iii) that the application for registration of the trade mark has been filed in India;

(iv) that the trade mark— (a) is well-known in; or (b) has been registered in; or (c) in respect of which an application for registration has been filed in, any jurisdiction other than India; or

(v) that the trade mark is well-known to the public at large in India.

(10) While considering an application for registration of a trade mark and opposition filed in respect thereof, the Registrar shall—

(i) protect a well-known trade mark against the identical or similar trademarks;

(ii) take into consideration the bad faith involved either of the applicant or the opponent affecting the right relating to the trade mark.

(11) Where a trade mark has been registered in good faith disclosing the material informations to the Registrar or where right to a trade mark has been acquired through use in good faith before the commencement of this Act, then, nothing in this Act shall prejudice the validity of the registration of that trade mark or right to use that trade mark on the ground that such trade mark is identical with or similar to a well-known trade mark.

Thus, if the Trademark officer has raised an objection under Section 9 or Section 11 of the Trade Mark Act, 1999, the reply must contain the judicial precedent and should prove the point with proper evidence.

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Protecting Trade Secrets in India

How to protect TRADE SECRETS in India?

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The primary goal of “Make in India” initiative was to make India a “Global Manufacturing Hub”. With both multinational companies and domestic companies manufacturing their products within the country, the significance of exports and the manufacturing sector in India has increased considerably. Several measures have been taken to ensure continuous and unending improvement of the Indian IP ecosystem in the country due to the need to extend such to exports for its proper commercialization.

 

Just as other Intellectual Property Rights, Trade Secrets are extremely valuable and sometimes even critical for a company’s growth and survival. Trade secret is a formula, process, device, method, technique or other business information having commercial value. This information is kept confidential and exclusive. Reasonable steps have been taken to maintain its secrecy to get competitive advantage over the competitors.   

For example, Trade secrets like Coca-Cola’s formula for its aerated drinks have been preserved for many decades and is not in the public domain.

India has no specific law for the protection of trade secrets. But, Article 39 of Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement to which India is a signatory provides for the specific provision for the protection of undisclosed information.

Article 39 of the TRIPS Agreement states that:

  1. In the course of ensuring effective protection against unfair competition as provided in Article 10b is of the Paris Convention (1967), Members shall protect undisclosed information in accordance with paragraph 2 and data submitted to governments or governmental agencies in accordance with paragraph 3.
  2. Natural and legal persons shall have the possibility of preventing information lawfully within their control from being disclosed to, acquired by, or used by others without their consent in a manner contrary to honest commercial practices (10) so long as such information:                                                                                                                     (a) is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question          (b) has commercial value because it is secret; and                                                        (c)

    has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret.

  3. Members, when requiring, as a condition of approving the marketing of pharmaceutical or of agricultural chemical products which utilize new chemical entities, the submission of undisclosed test or other data, the origination of which involves a considerable effort, shall protect such data against unfair commercial use. In addition, Members shall protect such data against disclosure, except where necessary to protect the public, or unless steps are taken to ensure that the data are protected against unfair commercial use.

    Unlike Patents and Copyrights which can be protected for about 20 years and 100 years respectively, trade secrets can potentially last much longer. A trade secret continues to remain a trade secret as long as any other person does not independently discover the information.Due to the absence of law for the protection of trade secrets, Indian courts have approached trade secrets protection on the basis of principles of equity, action of breach of confidence and contractual obligations.

    In India, a person can be contractually bound to not disclose any information which is told to him in confidence and if the person discloses the information, he/she can be sued for violating the Non-Disclosure Agreement.

    Companies can include a non-disclosure agreement in their employment contracts which prevents the employees to disclose any sensitive and confidential information regarding the company during their term of employment with the company or afterwards so that the secret is not spilled out. In cases where the trade secret is in a physical form like blueprints, files etc. a strict Security System should be in place so that this confidential information remains confidential.

    If your business relies on sensitive information that you would consider to be a trade secret, we encourage you to consult with a legal practitioner for advice on maximizing its protection.

  4. Patents | Intellectual Property India

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Step by Step Guide to Get Trademark Registered in India

Step-wise Guide for Registering Trademark in India

Trademark Registration is a necessary step if you own a business or want to own a business. Your business name, identity, brand, logo, image etc. can be protected  by registering Trademark for your business.

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.

Get your Trademark Registered in India by hiring professional trademark lawyer in India. Currently, a trademark is registered in less than a month.

Documents required for filing a TradeMark Application in India:

  1. A copy of Trademark or logo
  2. Details of the applicant like name, address and nationality and the state of incorporation for company
  3. Goods or services provided by the company  
  4. Date of first use of the trademark in India, if used by you prior to applying.
  5. Power of attorney to be signed by the applicant

So, by following the ten step process get Trademark Registered in India in 30 days:

Coin a brand name for trademark registration

Select the appropriate Trademark class for your brand

Avoid filing multi class trademark application in class 99

Conduct a trademark search online at Indian Trademark website

Expedite the digitization process by filing online trademark

Get digital signature for signing online trademark forms

Get proprietor code for filing trademark in India

File TM-1 Form for Trademark Registration in India Attach Stamped Power of Attorney TM-48 (POA) while filing the trademark in India

Wait for formal response from trademark office and reply trademark objection within one month of receiving the formal response.

Trademark Services by TCIS 

TRADE MARK| BRAND PROTECTION SERVICE IN INDIA

Brand Opinion Services

Trade mark  Clearance Searches

Filing of trademark applications, registration procedure

Trade mark Renewal

Trade mark opposition

Trade mark rectification

Action of infringement and passing off

Assignment, licenses and transmission, drafting deed form

Registration of trademark assignment

For more details please contact us at legal_desk@patentbusinessidea.com

Brand protection by Trademarks

 

Do you need a trademark for a logo? Can you patent a logo?
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Trademark of Logo

How do I get a logo trademarked?

“It’s all in the name”!

Designed a logo to represent your business?

How to protect the design of the logo and the business behind it using the Trademark Law?

Before addressing how to trademark your business logo, we should define the terms “trademark” and “logo.”

The terms “Logo” and “trademark” are used interchangeably but they do actually differ slightly from each other. “A logo can be a trademark but a trademark cannot be considered to be a logo”.

A trademark is a unique name, symbol, phrase, motto, or graphic design that is specific to a company name, or its products and services and is used to distinguish the products of one seller from the other. The symbol ‘™’ designates that  the name, symbol or word is a trademark-ed property belonging to a particular company and that specific drawing, logo, or phrase cannot be copied or used by any other business or person, unless specific authorization is given by the trademark owner.

A logo is a brand identity for representing businesses. A logo should represent the the characteristic spirit  manifested in the attitudes and aspirations of the company it stands for. Sometimes people identify the company through the logo; although they might have forgotten the name. Registration of the logo as a trademark makes it a legal document which can be used in the court of law in case of brand infringement.

Selecting trademark for startup business can be tricky but at the same time rewarding to the startup. It is important to do proper research before filing for trademark for startup business in India.

Trademark of a brand has a lasting effect on its consumers. As a business owner, the startup thinks passionately about naming their new business, but while doing so, due consideration should be given to the following two points:

(a) “Unique & Novel” Trademark: The trademark should be new and unique.

(b) Non-conflicting to competitor in same field: The trademark should not conflict with existing trade names who have registered trademarks.

Business names, brand names, logos and taglines are protected legally by way of trademarks, and in case of conflicting names, it might result in a trademark infringement suit. Trademark for startup business should be unique to the business offering.

It is very important to name a business properly. Inorder to highlight the importance of naming a business, we will take an example of International Trademark Infringement.

A South Korean fried chicken restaurant recently lost a trademark battle with designer “Louis Vuitton”. The restaurant’s name- “Louis Vuiton Dak” was too similar to Louis Vuitton. In addition to the name infringement, the restaurant’s logo and packaging closely mirrored the designer’s iconic imagery.

The restaurant ultimately changed the name to “LOUISVUI TONDAK” and was hit with another 14.5 million fine for non-compliance.

Therefore, as may be observed from the above case study, trademark for startup business should be unique, selecting a unique business name and legally protecting it by way of trademarks is very important. Companies can avoid expensive legal battles by avoiding mirroring their brand closely after another brand, even if the products and business strategy have nothing in common.

If a business involves multiple brands, a strong trademark strategy is crucial to manage them. It is advisable to keep business name different from brand name.

In accordance with Indian Trademark Law, it is not mandatory to file for a trademark, but it is highly advisable to file trademark for startup business, register a trademark for the name of your business as well as for the brand names of your products and services.

Accordingly, it is highly advisable to seek assistance from a Trademark Attorney.

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.

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

Trademark Services

 

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Services

 

Our Indian law firm provides intellectual property law support services to domestic and foreign clients. We offer cost-effective IP consulting services in all areas of intellectual property law ( patents, trademarks, utility model or design) in India. The law firm works 365/24/7 and offers customized full services to wide array of clients from fortune 500 companies to mid size foreign intellectual property law firms. Over the years, we take pride in creating value for the customer.

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Patent Services in India

Patent Drafting| Protection of Inventive Concepts:

Preparation of Utility Patent Applications:

We at Tech Corp International Strategist provide drafting of patent applications (provisional/ non-provisional) specifically in life-sciences, food technology, automotive, image processing, communications technology, aerospace, computer-implemented inventions and software,  mechanical, electrical, electronics, wireless communication, and pharmaceutical sector.

Patent Drawings/Illustrations : 

  • Developing patent drawings/figures using state of the art systems.
  • Patent Search : Patent searches by expert patent researchers
  • Patentability Search
  • Validation/Invalidation Patent Search
  • Freedom to Operate Search| FTO Patent Search
  • Infringement Analysis/Equivalent Search including Claim Mapping Chart
  • Patent Information Search
  • Patent Searches for the state of the art
  • Competitor’s Patent Search
  • Patent Compliance Services: 

Our team of technical patent experts review the patent application to create and protect infringement-free patent specification for protecting the client’s innovation.

Competitors Patent Review Services : 

  • On-going competitor patent review and analyzing scope of the patent claims.
  • Preparing Patent Office Actions Responses: 
  • Handling all Office actions, hearing before the patent examiner and PTO correspondences.

Patent proofreading : 

Proofreading of Patent specifications to draft flawless patent application.

Patent Analysis & Portfolio Management:

Our team of expert patent lawyers understand the technology in question and then categorize a patent portfolio of a company according to the needs of the client. We conduct a market analysis in terms of identifying active companies, their areas of technical expertise, and find the family of the patents filed in different jurisdictions. We find the main players in the field of a patent on the basis of commercial viability, infringement aspects, strengths and weaknesses, find the key parameters for future research and analyze licensing terms for a particular patent.

Filing & Prosecuting of Patent Applications :

  • Regular patent application, ordinary patent filing before the Indian Patent Office
  • PCT Applications filing before the Indian Patent Office
  • PCT National Phase Applications filing before the Indian Patent Office
  • Convention Applications filing before the Indian Patent Office
  • Handling Office Actions from various jurisdictions including USPTO, EPO and other Asian countries

For more details please contact us at legal_desk@patentbusinessidea.com

Intellectual Property Contract Drafting & Review Services

  • IP Contractual matters
  • Intellectual PropertyLicensing agreements
  • Intellectual Property due diligence analyzes
  • For more details please contact us at legal_desk@patentbusinessidea.com

Trade Mark| Brand Protection Service in India

  • Brand Opinion Services
  • Trade mark  Clearance Searches
  • Filing of trademark applications, registration procedure
  • Trade mark Renewal
  • Trade mark opposition
  • Trade mark rectification
  • Action of infringement and passing off
  • Assignment, licenses and transmission, drafting deed form
  • Registration of trademark assignment
  • For more details please contact us at legal_desk@patentbusinessidea.com

Copyright Services in India

  • Copyright Registration
  • Copyright Assignment in India
  • Infringement of a copyright
  • Software programs copyright;
  • Drafting deeds for transfer of copyright and royalty

For more details please contact us at legal_desk@patentbusinessidea.com

 Industrial Design Services in India

  • Preparing, filing, and prosecuting design patent applications;
  • Design Renewal, Design opposition, infringement procedures in India.

For more details please contact us at legal_desk@patentbusinessidea.com

brand trademark, trademark filling in India, trademark infringement

INFRINGMENT OF TRADEMARK – Case Study

Intellectual Property Rights- INFRINGMENT OF TRADEMARK 

In this era of increasing competition among brands and intellectual property laws becoming more stringent and difficult to comply with, infringement of these laws comes as a direct consequence. This article embodies a case study of such infringement with specific focus on an important part of the intellectual property rights, that is-Trademark.

Similarity in sound and phonetics and the way it is used is an important factor in determining whether the marks are confusingly similar.

Trademark infringement by phonetic and visual similarity is statutorily included in section 29(9) of the trademarks Act 1999 wherein it is stated that “Where the distinctive elements of a registered trademark consist of or include words, the trademark may be infringed by spoken use of the words as well as their visual representation and the reference in this section to the use of the mark shall be construed accordingly.”

In this view the legislature has stated such phonetic similarity as an infringing activity and has made clear that the pronunciation of a brand’s tagline (an important factor in the following case) is an establishing factor of potential infringement.

THE CASE STUDY 

Wipro Enterprises Limited vs Heinz India Pvt. Ltd on 10 June, 2015

The plaintiff (Wipro) had asserted that their trademark “BOLTS” which was created and adopted to sell their glucose chewy tablets had been infringed by the defendant (Heinz) which used a phonetically and visually similar mark name “VOLT” with a similar tagline.

The Hon’ble Madras High Court observed that since both the plaintiff and defendant used their trademarks i.e. BOLTS and VOLT respectively with their house names prefixed i.e. GLUCOVITA BOLTS and GLUCON-D VOLT respectively.

The court stated that the plaintiff cannot have exclusive right over the word BOLTS as it was generic and common in nature and both the plaintiff and defendant had used a prefix or a suffix to properly display the distinction.

The factual aspect of the case would be the determining factor for the judgement, the court reiterated. It also stated that a word may acquire a secondary meaning and could become an exclusive right by long, uninterrupted and continuous usage which was clearly not the case here as BOLTS was there in usage only for the past 2 years.

The court recapitulated that the trademark must be seen and judged on its entirety and completeness and not in parts or isolation which is why all arguments about identical colours used visual similarities etc. were dismissed. It must be viewed in an all round perspective and whether a word has a secondary meaning should be established only during the course of the hearing.

There were many similarities which were stated by the plaintiff including the price in perforated circle display and the thunder/flash of lightening symbol. The court held that many of the above similarities were found to be a common industrial practice and some of the symbols were generic to display and portray energy, stamina etc. Some of the similarities submitted by the plaintiff were even found to be dissimilar by the court.

The plaintiff used the tagline “INSTANT ENERGY, ANYTIME, ANYWHERE” whereas same for the defendant was “ENERGY OF GLUCON-D … ANYWHERE, ANYTIME”. The phrase “ANYTIME, ANYWHERE” was not used by the plaintiff in the trademark sense to denote origin/source of the product; rather it was used in a descriptive sense, the court observed.

Nothing was there to show as concrete evidence that the plaintiff had undertaken extensive advertising, was using the above tagline for a long period of time or the tagline was associated with the plaintiff’s product only or that the plaintiff had exclusive rights over its usage. After investigation it was also found that the tagline was printed only on the jar containing the products of the plaintiff and not on the cylindrical plastic wrapper covered tube which contained the chewing tablets.

The Hon’ble court hence rejected the senior counsel’s plea that the expression “INSTANT ENERGY. ANYTIME, ANYWHERE.” found on the label ought to be protected by way of application for temporary injunction.

CONCLUSION

In India, where culture is enriched by a diversity of languages and scripts, the courts have to consider how the rival marks are spelt and pronounced in languages in which they are commonly used. They have to assess the psyche of an Indian consumer and associated with that traits and qualities that underlie the spelling and pronunciation of words and then consider the usage of words and the manner in which it is similar to the pronunciation of the rival marks.

Whether the ordinary customer is likely to believe that the defendant’s mark is associated with the mark and the trading style of the plaintiff are the main test and not whether the consumer ends up buying the product of the defendant instead of the plaintiff because of such similarity in marks. The phonetic, visual and structural makeup of the words should be so strikingly similar as to lead to a likelihood of deception.

Section 29(2) of the Trade Marks Act 1999 recognizes the concept of likelihood of association wherein the consumer is likely to believe that the defendants’ mark has an association/affiliation/connection with the plaintiff. Thus in Section 29(2) read with section 29(9), the legislature has included the spoken use of the words also; therefore, it is evident that the pronunciation of the trademark is clearly a determining criterion in ascertaining infringement.

Advantages of filing a provisional application
brand trademark, Madrid System, Provisional Filling Of India, trademark filling in India, trademark infringement, Uncategorized

Provisional Refusal of International Trademarks in India

 

Under the Madrid System, Trademarks are registered worldwide in a convenient and cost-effective way. The Madrid Protocol is one centralized system to apply for protection of trademark in 115 countries by filing a single application.

“An image is not simply a trademark, a design, a slogan or an easily remembered picture. It is a studiously crafted personality profile of an individual, institution, corporation, product or service”. – Daniel J. Boorstin

When an applicant who is interested in a global Trademark files an application for registration of its trademark with its respective Intellectual Property Office (IP Office), the information is given to the International Bureau of World Intellectual Property Rights. The International Bureau of World Intellectual Property Rights examines and closely inspects the application based upon the requirements of Madrid Protocol. If the application fulfils all the criteria, the trademark is published in the International Gazette of Trademark and thereafter it is notified to all the designated countries.

“If you want something new, you have to stop doing something old” ― Peter F. Drucker

The Indian Trademark Office examines and allots an International Registration Designating India (IRDI) number to every International trademark registration designating India received from the International Bureau of WIPO.

The Brand trademark is examined by the trademark examiner on the basis of its uniqueness and similarities to trademarks registered and in the pipeline before the Indian Trademark Registry.

“It isn’t all over; everything has not been invented; the human adventure is just beginning.” ― Gene Roddenberry.

If there is any objection while examining the trademark application, for protection of such trademark registration in India, a Provisional refusal is notified to the International Bureau of WIPO within 18 months from the date the International registration was notified to India.

“Innovation is the specific instrument of entrepreneurship…the act that endows resources with a new capacity to create wealth.” ― Peter F. Drucker

Trademark Objections under Provisional Refusal In India

The objection is raised under Section 9(1) (a) of the Trade Marks Act 1999, if the mark is not unique and as such it is not efficient to distinguish the services of one person from those of others.

The objection is raised under Section 11(1) of the Trade Marks Act, 1999, if the mark is similar to the trademarks previously filed. There exists a possibility of confusion on the part of the public.

“Excellence must be achieved through the eyes of those who judge us; once achieved it can only be maintained with constant innovation.” ― Tom Collins.

Provisional refusal is basically an Examination Report containing objections.  The International Bureau provides the details of such provisional refusal to the trademark applicant of the International Trademark registration and records the provisional refusal in the International Register along with the date on which the notification was sent.

The provisional refusal is also published in the WIPO Gazette, with an indication as to whether the refusal is total (i.e. relates to all the goods and services covered by the designation) or partial (i.e., relates to only some of those goods and and services covered).

“Innovation needs preparation, collaboration and the light of the soul. Every challenge provides that light – a greater depth of understanding about life and truth.” ― Amit Ray,

How should the International Trademark applicant respond to Provisional Refusal Issued by the Indian Trademark Office under the Madrid Protocol ?

The normal deadline to revert to trademark objections raised by the Indian TrademarkOffice is 1 month from the date of receipt of the provisional refusal notification by the trademark applicant.

The International trademark applicant can also engage a trademark agent or an Indian trademark attorney having address in India by executing a Power of Attorney in the favour of the agent/attorney in the Form TM-48.

For an extension of timeline to respond to trademark objections, the Indian trademark attorney can file FORM TM-56 application for extension of time by 1 month prescribed by Rule 79 or by rule 80(4) and is at the discretion of the trademark office.

The Trade Marks Registry (TMR) office of India then considers the response of the trademark applicant of the international registration and may either confirm the refusal or move for advertisement of the international registration in the Trade Marks Journal.

“Be the initiator of things you wish to see, but can’t see. Be the originator of things you wish you feel but can’t feel.” ― Israelmore Ayivor,

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.

IF YOUR STRATEGY AND DOCUMENTATION ARE IN PLACE WE GET”YOUR” 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 “going the extra mile”
  • Firm policy to return client phone calls and respond to emails immediately whenever practical
  • Cost-effective flat rates