Tag >> Trademarks
Posted by: Arturo Reyes in well-known marks, Well Known Marks, Trademarks, trademark, Trade Marks, Trade Mark, Reyes Fenig, Reputated Marks, Mexico, famous marks on
Oct 14, 2008
The Mexican statute provides explicit protection for well-known trademarks since the Law of Patents and Trademarks of 1976. Before the 1976 statute, there is evidence of direct application of the stipulations stated in Paris Convention to fill the gaps in the Mexican statute, but none of the published decisions refer to well-known trademarks. On June 16, 2005, the Federal Congress amended the Industrial Property Law to introduce important modifications to the provisions regarding the protection of well-known trademarks. Before the amendment, there were two ways a trademark could be acknowledged as well-known in Mexico: a) If the Instituto Mexicano de la Propiedad Industrial or Mexican Patent and Trademark Office (MPTO) rejected a trademark application, arguing that it was identical or
INTELLECTUAL PROPERTY Intellectual property refers to creations of the mind such as musical, literary, and artistic works; inventions; and symbols, names, images, designs, logos, words, signatures, devices, labels, numerals, acronyms and logos used in commerce, including copyrights, trademarks, patents, and related rights. Intellectual property rights refer to the exclusive rights being held over the creations of mind by the creators for artistic and commercial purposes. The primary rights of the Intellectual property law includes Copyright , Patent ,Trademark ,Industrial design rights , Utility model, Geographical indication, Trade secret ,Related rights and Trade name Why should you protect your trademark? While most businesses realize the importance of using trademarks to
Posted by: Raja Selvam in Trademarks, Trademark use in India, trademark registration, trademark, Trade Marks, Selvam and Selvam, Selvam Selvam, India, Domain names, domain name tasting on
Sep 22, 2008
Introduction In 1964, when the world was brimming with fear of Cold War the American rulers, had a more all-encompassing problem – communication. They realized that the traditional technology of having a centralized system would not work. This fear mandated a need on the government to do something different - to develop a whole new scheme for post-nuclear communication. The technology, which was developed to communicate during nuclear war, was developed to so much an extent so as to cater even tracking of seismological phenomena, transmit pressing news bulletins, and send email to people. “It is an example of a technology with more uses than anybody ever imagined”. The Internet one uses today provides efficient and inexpensive communications between people around the world. More
Posted by: Raja Selvam in Trademarks, India on
Sep 22, 2008
The Indian trademark office granted on 18 August, 2008, Yahoo’s and India’s first “sound mark” to Sunnyvale, California-based Internet firm Yahoo Inc.’s three-note Yahoo yodel.
A sound trademark is a non-conventional trademark where sound is used to perform the trademark function of uniquely identifying the commercial origin of products or services.
Usually words, signatures, names, devices, labels, numerals, acronyms and logos are registered as trademarks to protect identity theft and infringement. Recently Sounds are being increasingly used as trademarks in the business. However, it has traditionally been difficult to protect sounds as trademarks through registration, as a sound was not considered to be a 'trademark'.
Sound marks are pretty common in usage like the four not bell of
Posted by: Arturo Reyes in Trademarks, trademark, Trade Marks, Trade Mark, Reyes Fenig, Patents, patent, Mexico, intellectual property, injunction, infringement, Application on
Jul 30, 2008
The marking of products or services that use industrial property rights (such as patents or registered trademarks), so third parties may be aware of the existence of such intangible assets, provides the right holders with certain benefits. The marking is not an actual obligation, given that failure to mark a product is not illegal by itself nor harms any third party's rights. Marking a product with the indication of an industrial property right may prevent or discourage third parties from infringing the intellectual property right associated to a product or service. If, in spite of the marking, a third party infringes the patent or trademark right, the measures available for the right holder are also stronger. There are certain rules about the marking of products provided in the Mexican
MH Foods, owners of the trademark American Dry Fruits, has filed a lawsuit with the City Civil Court, Ahmedabad, against ice-cream maker Vadilal Industries to prevent it from using the trademark for its range of ice cream.
MH Foods contends that Vadilal has not changed its trademark despite repeated warnings. Advocate of MH Foods, Avesh Kayser of Kayser & Company, said: "We had sent a notice to Vadilal and they asked for a period of six months. However, since they failed to take any corrective steps, we have filed a suit against them."
MH Foods claimed it has exclusive intellectual property rights to the name ‘American Dry Fruits' since it has been selling dry fruits, sweets and namkeens since 1932.
"Last year, Amul was forced to stop using the brand name after MH Foods legally challenged
The Delhi High Court has dismissed a plea by India Habitat Centre here to restrain a person from using the words "Habitat Centre" submitting that it had an exclusive trade mark right over them.
India Habitat Centre, a prominent club on Lodhi Road in the Capital, had urged the Court to restrain Sunita Aeren of Ghaziabad from using the two words for her upcoming new club at Indirapuram in Ghaziabad. Ms. Aeren has named her club Indirapuram Habitat Centre.
Dismissing the plea, Justice S. N. Dhingra said: "The words denote only a centre providing services in relation with the environment and assembly of people for various activities. The two words cannot be the exclusive property of India Habitat Centre. Neither Habitat nor Centre can be allowed to become a property of any person singly or
After a battle of two years, eBay, the online auction site, lost in a French trade mark case and has been ordered by the Paris Commercial Court to pay 40 million Euros to Louis Vuitton Moët Hennessy (the LVMH group). The LVMH group claimed that eBay had damaged the LVMH reputation by selling counterfeit products in its website. The court accepted their claim and pointed out that not being able to keep counterfeit goods off its site indicate that eBay has 'serious faults' in the way it runs the site. Another argument which was also accepted by the court and claimed by the LVMH group related to perfumes eBay sells on its site. The LVMH group claimed that even the sell of authentic goods on the site should not be allowed, as selling genuine goods harm and infringe LVMH's exclusive
Posted by: Miriam Hackmey in well-known marks, Well Known Marks, Trademarks, trademark, Trade Marks, Lawsuits, law, Israel, famous marks, Decision on
Jul 02, 2008
"Local" VERSACE registrations removed from Israeli Trade Mark Register
In a recent decision dated 29 June 2008, the Israeli Intellectual Property Adjudicator ordered the removal from the register of five registrations in respect of the trade mark Versace in various forms including Hebrew versions of the mark. The registrations were almost 20 years old.
The Israeli proprietor of the removed registrations, Versace 83 Ltd. owned by the Zadik Fur Bros., obtained the registrations at the time after the well known Italian fashion house Gianni Versace S.p.A. withdrew its oppositions. Since 2000, following the expansion of the Israeli "VERSACE" chain and the opening of many branches in prime locations, Gianni Versace S.p.A. took various actions in order to stop the commercial use of the mark and
Mexico is a first-to-file country. Ownership on a trademark may only be obtained by registering the mark with the Mexican Patent and Trademark Office (MPTO). Trademark applicants must be careful when filing trademark applications. Otherwise, the resulting trademark registration may be either too restrictive, too vague or in the worst-case scenario, completely useless to provide an effective trademark protection. The following are a few tips for trademark applicants in Mexico: What trademark should apply for? a) First, the applicant must register those trademarks that are already being used in Mexico. b) Second, the applicant should register those trademarks that are not yet being used in Mexico, but it plans to start using them in the short or medium terms. It is not necessary to prove use of
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