Statute Update
- Draft Patents (Amendment) Rules, 2023 notified
Ratio decidendi
- Patents – Divisional applications – Objections under Section 16 are not sustainable in case of system-centric divisional application arising from method-centric parent application – Delhi High Court
- Trademarks – Reference to a mark in news article does not constitute its use by the proprietor of the mark – Delhi High Court
- Trademarks – User date – Difference between user date as claimed and as evidenced, when not material – Delhi High Court
- Trademarks – Petition for removal/rectification/cancellation of trademark not necessarily to be filed before the High Court having territorial jurisdiction over Registry where mark registered – Delhi High Court
News Nuggets
- Trademark – Plea of invalidity of plaintiff’s mark, for purpose of Section 124(1)(a), whether necessary to be taken up in written statement filed in response to suit
- Trademarks ‘GM’ and ‘GMT’ are deceptively similar
- Trademarks – Use of polo player device when not leads to deceptive similarity
- Trademarks – Word ‘ELEMENTIN’ is not phonetically similar to ‘ELEMENTAL’
- Trademarks – Mark ‘PANTOPACID’ prima facie infringes mark ‘PANTOCID’
- ‘Betnesol’ declared well-known mark in respect of pharmaceutical and medicinal items
