Indian Patent Agent Examination Coaching 2018 by Indian Patent Attorney
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Future is Today is Innovate #Benerd #DollarMind

Glory to be ahead of time is the QUESTION on the Intellectual Mind where rate of innovation is very high !!

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Where is omni-channel strategy heading in India. Business Wars are heating up the Indian Soil more than ever. Never in the history since the witness of Independent India one could dream the inflow of fiat currency in the virtual world.

What is the orbit of doing online internet business?

Since Bigdata is becoming the new mining oil to map the human mind to create virtual creatures just like the user, I believe humanity is entering a phase which will encounter results never known to mankind. One interesting fact out of the acquisition is the brand Future in terms of registered trademarks. After all the vision of seeing the future in present is able to gain traction and good revenue model. Wishing Mr. Biyani allthebest for this success.

Who is your shareholder and how you sink your thoughts with your stakeholder?

Exciting time to see that India is attaining global eyeballs !!

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Big Data Strategist for Identifying Pain Points

Big Data Strategist For Technology Research Companies

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The best part of the enormous #bigdata is the analysis of the data in a manner which can act as a fuel to impact other business models. The need of the hour is to enrich and fortify the #bigdata in a manner which becomes resourceful to make critical decisions in board meetings.

Prity is a Big data strategist for technology research consortium. With an hawk eye approach Prity is able to identify real-time technology developments. She believes in working in holistic view to identify licensing opportunities which are tailored to the need of Industry 4 Era.

Recently, Prity was part of  “4th Annual Asia-Pacific Spectrum Management Conference: supporting ITU Asia-Pacific Regional Initiative on Spectrum Management” where she took keen interest in underlying principles of policy making in spectrum. Spectrum in the airwave of 700 MHz is going to play a crucial role for IoT based innovations in Industry 4.0 era.The event was supported by Forum Global alongwith Ministry of Sciency and ICT (MSIT) Republic of Korea, and aimed to bring together senior level staff from policy makers, regulators, Industry and academia for discussions on key spectrum management issues, including but not limited to:

  • Spectrum for IoT and Industry 4.0
  • Enabling efficient spectrum Management for IMT-Advanced spectrum
  • Meeting the IMT-2020 spectrum requirements of today and in future
  • WRC-19 – regional planning and preparations
  • Economic issues related to Spectrum
  • Delivering the digital economy through development national connectivity plans.

The Audacious move in the #SpectrumAuction is going to be different in near future. After the overview she had at #AsiaSpectrum Prity thinks and of the opine that there is lot to learn from our neighbours especially Bhutan.

Definitely airwave in the 700 MHz will be in demand.

The challenge is what will be the right price for a democratic country like India. The #Indiangovernment has to align the right approach to have a good consortium with the #telecomplayersinIndia

Big Data Scientist, Big Data Strategist, Policy Technology Research

Big data is definitely hot cake nowadays. One should not forget the food industry which has lot of potential and market in India. Finger foods and snacks will be funded by more investors in days to come. Congratulations to #Kishlayfoods who just raised USD 15 million to extend and launch more innovative products in near future in India. The current snack market in India is roughly about USD 8 billion. According to CAGR, the growth rate in this sector can be 20 % which I think is incredible #askpatentexpert #funding #innovationcoach

 

The analysis of Big data in technology research is going to play key role to provide new technical intelligence for innovation research in AI, ML, and Blockchain in Industry 4 era.

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Happy to discuss opportunities with like minded MNC corporates who are clueless what to do with #bigdataminingoil #bigdatastrategist #innovation #technology #business #education

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patent agent exam 2018 india,, Uncategorized

When will the patent agent exam be held in 2018, in India?

Power of Developing Intellectual Creativity #IndianPatentAgent2018

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2018 has been very resourceful and the world has witnessed global shift in INNOVATION and DISRUPTION

Understanding Intellectual Property Rights Globally Understanding Intellectual Property Rights Globally

INDIAN PATENT AGENT ELIGIBILITY CRITERIA

The time has come to use your creativity to solve the mystery of creative minds.

Intellectual Property field is a field of infinite horizon capabilities.

The sad story in INDIA is Education System is totally BROKEN

The need of the hour is to work out a model to activate the GENIUS HIDDEN TALENT within the masses.

MY Mandate is simple to work with Intellectual MINDS which will Increase the Learning Curves of the Individuals

Join US in this revolution and add the Intellectual flame of interest in your life to light up creativity of inventors or “GENIUS GURU” in discovering your true potential in understanding inventions and Intellectual Property Rights.

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Just like the Software Programs (“Genes”) tell the brain to operate (How to process information) to achieve a Certain Goal.

Likewise, do you want to register yourself at Indian Patent office to become the Program (Genes) to assist the brain (Inventor) on how to draft and obtain patent for their invention?

Before actually channeling oneself into this, one has to quality the INDIAN PATENT AGENT EXAM.

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Aspiring individuals who want to become INDIAN PATENT AGENT 2018, you have to meet certain requirements to appear for the examination before the Indian Patent Office.

Nagpur Intellectual Property Patent Training 2018 #askpatentexpert #indianpatentagenttraining2018

INDIAN PATENT AGENT 2018 ELIGIBILITY CRITERIA

You are eligible to become the patent agent in INDIA, if you fulfill the following eligibility criteria:

  1. Should be a citizen of India
  2. Should have attained minimum 21 years at the time of exam.
  3. To impart technical knowledge and skills, one should have obtained a degree in Science, engineering, or technology (M.Tech, B.Tech, M.Sc. and B.Sc) from any established university under Indian law or other specified equivalent qualification under central government .
  4. The final year candidates also are eligible on producing the mark sheets, final degree, etc., within two months from Patent Agent exam declaration result which they are appearing for.

REGISTRATION AS PATENT AGENTS

After passing major hurdle just as in relay race “Patent Agent Examination”, one may apply for registering their name in the register of Patent Agent by making an application on Form-22 along with the following documents and prescribed fees as per the schedule. (Patents Act 1970 and Rules 2003 ( As Amended), see Section 126, Rule 109(1), 111 and 112.)

  1. For e-filing:The fees as per the schedule for Natural person(s) and/or startup: 3200
  2. For physical filling: The fees as per the schedule for Natural person(s) and/or startup: 3500

For continuance of the name of a person in the register of patent agents—

(i) for the 1st year to be paid along with registration :

  1. For e-filing : The fees as per the schedule for Natural person(s) and/or startup: 800
  2. For physical filing: The fees as per the schedule for Natural person(s) and/or startup: 800

(ii) for every year excluding the 1st year to be paid on the 1st April in each year:

  1. For e-filing : The fees as per the schedule for Natural person(s) and/or startup: 880
  2. For physical filing: The fees as per the schedule for Natural person(s) and/or startup: 880.

After receiving the application along with the fee, the Controller will register his or her name in the register of Patent Agent and issue them a certificate

The patent agent should carry following particulars at the time of registeration:

  1. Two recent passport size photographs.
  2. Original Character certificate duly attested.
  3.  Two Specimen Signatures.
  4. Attested copy of degree in Science, Engineering or Technology.
  5. Attested copy of document evidencing date of birth.
  6. Attested copy of document (evidencing citizenship)
  7. Copy of Result showing respective roll nos.

On application for duplicate certificate of patent agent under rule 111A,

a. For e-filing:The fees as per the schedule for Natural person(s) and/or startup: 1600

b. For physical filling:The fees as per the schedule for Natural person(s) and/or startup :1750

On application for restoration of the name of a person in the register of patent agents under rule 117(1)

a. For e-filing:The fees as per the schedule for Natural person(s) and/or startup: 1600 (Plus continuation fee under entry number 34)

b. For physical filling:The fees as per the schedule for Natural person(s) and/or startup :1750 ((Plus continuation fee under entry number 34)

Do you WANT to be an experienced patent lawyer/attorney or IP expert in India.

TCIS is facilitating the process of training GENIUS minds to work in intellectual property (especially patents). 

Tech Corp International strategist (TCIS), India is providing professional training course and course material in Patent Law and Practice for the aspiring aspirants who are appearing for Indian Patent Agent Examination 2018, to obtain qualifications necessary to practice as a Patent Agent under the Patent Act and Rules.

Ask your Patent Agent queries by using hashtag #askpatentexpert on twitter.

https://lnkd.in/fJ_hGH2

  • Everything YOU need to know about Intellectual Property Rights
  • Can I get a patent for my idea in India & Asia?
  • What is the scope of the intellectual property law in India & Asia?
  • Can I patent a business model in India & Asia?

Is it possible to file a patent for a business idea in India & Asia?

Schedule #claritycalltoday https://lnkd.in/fw8Qbji

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#BeBRANDYOU

#Innovation #intellectualproperty #patentability #infringement #askpatentexpert #patentagentexam2018 #PA2018 #BePatentAgent2018 #AskInnovationStrategist

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Innovations in Haptic Patents

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The idea of getting patents is a good moves from the point of view of enforcing the patent rights. Let’s talk about haptic technology patented by Immersion. U.S. Patent No. 8,619,051 titled ‘Haptic Feedback System and Stored Effects‘ which deploys feedback to a device by responding with a vibration and the ability to store the feedback patterns and effects. 

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Important International Patent Classifications Identified by the Patent Examiner in this Patented Innovation:

G06F3/041 Digitisers, e.g. for touch screens or touch pads, characterised by the transducing means
G06F3/016 Input arrangements with force or tactile feedback as computer generated output to the user
H04M19/04 Current supply arrangements for telephone systems providing ringing current or supervisory tones, e.g. dialling tone, busy tone ringing-current generated at substation
H04M19/048 Arrangements providing optical indication of the incoming call, e.g. flasher circuits

 

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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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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.

The first thought that comes to creative intellectual mind in Industry 4 Era is Internet and combination with so many souls in the online world. What is Software? What is Software-Hardware Product? How to deploy Software-Hardware Patents?

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Balancing PATENTS & Affordable DRUGS

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Pharma Sector in India is caught in the debate over the enforcement of Intellectual Property Rights (IPR) and access to affordable medicines. Affordable drugs are necessary and is a matter of great concern for the healthcare system. There is a need to refine the Drug policy in India in the light of growing concerns about patent filing in the pharma sector and access to cheap medicines.

Enforcement of Intellectual Property Rights encourages companies to invest in research and development. Most companies invest in research and development so that they can reap profits from the product developed. Patenting the product or process ensures that others do not replicate the concerned product to gain a share of the potential profits. But the critics of enforcement of intellectual property rights in the pharma sector argue that patents encourage monopolies. The pharmaceutical companies who patent drugs can sell those drugs at quite high prices because of no competition involved in the marketing of the drug.

The incomplete understanding of intellectual property rights (IPRs) is the real issue that India’s drug industry is facing. Currently, only 5% of medicines used in India are said to be patent-protected. Breakthrough therapies are being developed in the world but why these therapies are not made available to India but are being introduced in other countries?

It is observed that the new drugs and therapies encounter delay in marketing approval in India despite their global launch. Moreover the new drugs that are launched in India are produced and sold as generic versions by Indian manufacturers within one year of their introduction. Generic medicines are the copies of brand name counterparts of drugs originally developed by other companies. The rapid appearance of generic versions of medicines and delays in marketing approval display a lack of faith in the patent regime.

Patents are important in innovative sectors like pharmaceutical industry as they provide incentives for companies to invest in those sectors. Investment in innovation, research and development is an essential component of supporting an innovative and enterprising economy.

In order to link medical innovation with affordable treatment  a supportive role by the Government is required. The government should design a price-control mechanism without tampering the grant of patents. The government should deploy tools to reduce uncertainty in Intellectual Property Rights and to build an ecosystem that promotes medical innovation. We must achieve a balance between the current and future needs of patients and the timely introduction of existing and new pharmaceutical drugs.

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Patenting Mind Control & Behaviour Modification Technology

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Brain employs different control strategies. Mind or thought control can be defined as the inability of the human subjects to think autonomously. Initially mind control was considered a mere conspiracy theory but it is REAL!!

Companies like Microsoft and Facebook are coming up with “Brain -Computer Interfaces” which can help the users increase their concentration and think their way around a computer device, hands free.

The emerging discipline of network neuroscience and network control deals with modulating human brain network to treat cognitive deficits and /or enhance mental abilities. A lot of patents are being filed in this field.  

WO/2016/207246

Title: DEVICE AND METHOD FOR EFFECTIVE INVASIVE TWO-STAGE NEUROSTIMULATION

Assignee: FORSCHUNGSZENTRUM JÜLICH GMBH (Wilhelm-Johnen-Strasse, Jülich, 52425, DE)

Publication date: 29 Dec 2016

Abstract:

The invention relates to a device for stimulating neurons, comprising a stimulation unit, which can be implanted in the body of a patient and which has a plurality of stimulation elements for stimulating neurons in the brain and/or spinal cord of the patient with stimuli, and a control unit, which operates the stimulation unit during a first time interval and during a second time interval following the first time interval in different stimulation modes. The control unit controls the stimulation unit during at least 75% of the duration of the first time interval in a first stimulation mode such that the stimulation element repeatedly generate sequences of stimuli and the order in which the stimulation elements generate the stimuli within a sequence is constant for not more than 5 successively generated sequences and is then varied. The control unit controls the stimulation unit during at least 75% of the duration of the second time interval in a second stimulation mode such that the stimulation elements repeatedly generate sequences of stimuli and the order in which the stimulation elements generate the stimuli within a sequence is constant for at least 25 successively generated sequences and is then varied. The intensity of stimuli in the first stimulation mode is lower than or equal to a predetermined stimulus intensity and the intensity of stimuli in the second stimulation mode is at least 1.3 times the predetermined stimulus intensity.

US 20180012009

Title: METHOD AND SYSTEM FOR PROVIDING A BRAIN COMPUTER INTERFACE

Assignee: Arctop, Inc. (San Francisco, CA, US)

Publication Date: 11 Jan 2018

Abstract:

A method for providing a brain computer interface that includes detecting a neural signal of a user in response to a calibration session having a time-locked component and a spontaneous component; generating a user-specific calibration model based on the neural signal; prompting the user to undergo a verification session, the verification session having a time-locked component and a spontaneous component; detecting a neural signal contemporaneously with delivery of the verification session; generating an output of the user-specific calibration model from the neural signal; based upon a comparison operation between processed outputs, determining an authentication status of the user; and performing an authenticated action.

US 20170368348

Title: METHOD AND DEVICE FOR ENHANCING MEMORY CONSOLIDATION

Assignee: ICM (INSTITUTE OF THE BRAIN AND THE SPINAL CORD (Paris, FR)

APHP (PUBLIC ASSISTANCE – HOSPITALS OF PARIS (Paris, FR) 

NATIONAL CENTER FOR SCIENTIFIC RESEARCH (CNRS) (Paris, FR)

UNIVERSITY PIERRE AND MARIE CURIE – PARIS 6 (UPMC) (Paris, FR)   

 INSERM (NATIONAL INSTITUTE FOR HEALTH AND MEDICAL RESEARCH) (Paris Cedex 13, FR)

Publication Date: 28 Dec 2017

Abstract:

The present invention relates to methods and devices for consolidating memory and / or cognitive functions by monitoring brain dynamics and delivering a stimulus to the appropriate stage of sleep cycle.

US 9846483

Title: Headset with contactless electric field sensors for facial expression and cognitive state detection

Assignee: Oculus VR, LLC (Menlo Park, CA, US)

Publication Date: 19 Dec 2017

Abstract:

A head-mounted display (HMD) device includes a plurality of activity detection sensors coupled to a liner formed around a periphery of a HMD or a band attached to the HMD. The sensors attached to the liner are adopted for direct or indirect contact to an upper portion of a user’s face, and the sensors coupled to the band are adopted for direct or indirect contact with a back side of the user’s head. The activity detection sensors detect electrical field signals caused by muscle contractions in an upper portion of a user’s face or brain activity signals when the user is wearing the HMD. The HMD includes a module that reconstructs and projects a facial animation model of the user and a cognitive state of the user based on signals from the activity detection sensors while the HMD is in use by the user.

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US 20170351958

Title: BRAIN ACTIVITY PREDICTION

Assignee: UNIVERSITAT ZURICH (Zurich, CH) 

UNIVERSITY OF FRIBOURG (Fribourg, CH)

Publication Date: 7 Dec 2017

Abstract:  

A method for estimating a brain activity response following a stimulus of a person comprises the steps: providing a usage data set of the person from a personal device used by said person, wherein at least one usage attribute is associated to said usage data set, wherein attribute data is associated to each of the at least one usage attribute, providing a computational inference model, generated from a plurality of brain activity data sets and a plurality of usage data sets, wherein each brain activity data set comprises data derived from a brain activity response following a sensory stimulus, submitting the attribute data of each of the at least one usage attributes to said computational inference model, estimating a brain activity response following a sensory stimulus of said person by evaluating said computational inference model for the submitted attribute data. The method is useful to determine, for example the influence of intensive touch pad usage (of a smartphone) on somatosensory evoked potentials.

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Innovation & market adaptation way ahead for renewables, say experts

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Adapting to market demands and innovation will be the way forward for clean energy sources and technologies, experts from India and Japan said at the Global Partnership Summit here on Monday. The panel of experts was discussing the theme of ‘Clean Energy Sources and Technology’, especially the role of solar energy in India’s renewable energy expansion plan.

The discussion saw the participation of Masatsugu Shimono, Vice Chairman, IBM, Japan; Taishi Sugiyama, Senior Research Fellow, The Canon Institute for Global Studies; Aishwarya Kachhal, Indus Towers Limited and Prity Khastgir, Founder & CEO, Tech Corp International Strategist (TCIS). The session was moderated by Pranav Mehta, Founder Chairman, National Solar Energy Federation of India.

Setting the tone for the discussion, Mehta stressed that renewable energy has figured prominently in the Paris climate accord that has been ratified by 170 countries till now. He pointed out that while the developed countries were leading renewable energy production a few years back, China has now sped ahead by becoming the world’s top solar energy producer, ahead of United States of America, Germany and Japan. India is the sixth largest producer of solar energy and a recent report by consulting firm Bridge to India said that India’s solar energy capacity is expected to touch 20GW or 20,000 MW by the end of 2017-18 financial year. Currently, around 22% of India’s power comes from renewable energy sources, Mehta said.

Mehta added that there is also an urgent need for energy efficiency as conventional energy production sees significant loss during generation, distribution, storage and use.

Meanwhile, researcher Taishi Sugiyama said that in the coming years, electric vehicles, self-driven cars and car sharing are going to be major contributors in cutting carbon emissions. “Carbon dioxide emissions can be reduced up to 100% and can also bring a host of economic benefits,” said Sugiyama.

The panelists also emphasized RE’s impact on social innovation, health and livelihoods of people. Keeping in mind the present growth rate of the economy, the energy needs are expected to double in the next 6 to 7 years. To meet these needs, solar harvesting and big data analytics will play a pivotal role, said Prity Khastgir.

The Global Partnership Summit has evolved from the India Japan Global Partnership and the three-day event will see participation of over 200 speakers including central government ministers, industry leaders, academicians and social entrepreneurs. They will speak on issues such as clean energy, urban development, mobility, health and education among others.

Source:http://www.dnaindia.com/business/report-innovation-market-adaptation-way-ahead-for-renewables-say-experts-2566884

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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.