origiin newsletter: january 2013

7/29/2019 Origiin Newsletter: January 2013

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All rights reserved (C) Origiin IP Solutions 2013

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n this issueaming it right! .. ................. P.1

P News Bulletin .................. P.2

ews from Indian Patent Office. P.3

nteresting patent of the month..P.4

A monthly

Newsletter

on issues

relating to

Intellectual

Property

Rights

S U E ( V o l u m e )

MONTH

anuary

YEAR

2013

0 (2) Origiin Newsletter

Naming it right!Santhoshi BS

Starting a

new company and thinking about how to

name it? Well, naming a company can be as

easy as ABC or may get as complicated as it

can be! The name of your company becomes

a Trademark by which the public recognizes

your product. Here are some simple

Trademark rules that you need to keep in

mind when you are registering the name of

your company.

It is generally a trend to give fancy and

arbitrary names to a company, since such

names are most easily accepted as a

Trademark. Though it is tempting to give a

name that is related to your product, care

should be taken that your brand name is not

descriptive, meaning the name should not

describe the product it owns. For example: atyre manufacturing company should not

have its name as High grip.

Annapurna, which is being in use for

Food products, cannot be given now for a

company that sells fragrances. Such a name

would deceive the consumers with a belief

that it is a product from the well known

Annapurna brand.

Also phonetically similar names to the

pre-existing/well known brand names are

not acceptable Trademarks as it creates

confusion to the consumers. In the case of

Ranbaxy Laboratories Ltd. vs. Dua

Pharmaceuticals Ltd., the plaintiff

company manufactured drugs under the

trade name "Calmpose", which acts as an

anti depressant. Dua Pharmaceuticals

manufactured a similar drug and

marketed it under the Trademark

"Calmprose". The two names were

phonetically and visually similar.

Notwithstanding this, the packaging and

colour scheme of the two were also the

same. Ranbaxy countered this by filing a

Trademark infringement case against Dua

pharma in Delhi High Court. The Court

held that there was a very good possibility

that both the drugs would be available at

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Origiin wishes all readers a very Happy New Year-2013


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the same store and Calmprose would be sold to the

customer and passed off as Calmpose. And since the

packaging, colour scheme were also similar, the probability

that the customer would get confused was greater. Based on

such investigations, the Court then declared an injunction,

restraining Dua Pharmaceuticals from selling Calmprose.

It is generally a trend to give fancy and arbitrary

names to a company, since such names are most

easily accepted as a Trademark but care should be

taken that your brand name is not descriptive,

meaning the name should not describe the product it

owns.

Another essential thing to be kept in mind while naming

your company is to avoid attaching it with any geographical

region. Such names cannot be registered as Trademark but

come under the category of Geographical Indication (GI).

Some examples are Tirupathi laddu, Tirunelveli Halwa,

Mysore silk etc. Such names are usually given to the

community who are involved in the manufacture of such

goods and are restricted to an individual. In the case of

Tatas Mount Everest vs. Bisleri, there was a dispute over

the Trademark Himalayan that was owned by the Tata

group. The case was filed by Tata over usage of words from

the Himalayas on the bottle of Bisleri. In counteraction,

Bisleri argued that, Himalaya is a word of geographical

origin and should be removed from the Trademark registry.

In deciding the case, the Intellectual Property Appellate

Board said that registration of the word Himalayan does

not give one the exclusive right to use the term as aTrademark for its product.

This gives an insight about the importance of a thorough

Trademark search that needs to be performed before

registering your Company name. It is better to give time

deciding about the name than facing the legal battles and

registration complications later. And always, innovative

names will make your customers curious about your

product. So go ahead and put your thinking caps ON to startthe name game!

Disclaimer: The points listed above are generic and provides

only an overview but there are several factors that govern

selection and registration of trademark and it shall be worked

out on case by case basis.

IP NEWS BULLETIN

Apple gets patent for curved glass

Apple recently has been granted patent rights (U.S. patent

8,336,334) for a new process using high temperatures to

shape and mold a curved glass similar to the one currently

on newer Samsung devices, as opposed to the very flat

screen found on the iPhone 5. The process also covers glass

of all shapes and sizes, and the glass could be shaped for

larger devices, including "displays, monitors and

televisions." Apple's work on processes like this is an

investment not just in determining how to create today's

devices, but a look ahead to what it might create in the

future as well.

USPTO announces 2013 innovation expo

USPTO has recently announced 2013 Innovation Expo

where technological game-changers whose ingenuity will

be showcased in a celebration of innovation. Cutting-edge

innovators can apply for a place among the exhibitors at

the Department of Commerces United States Patent and

Trademark Office (USPTO) Innovation Expo, to be held on

the agencys campus in Alexandria, Va., June 20-22, 2013.

Exhibits will showcase the latest technological

developments from Americas innovators affiliated with

large corporations, small businesses, academic institutions,

government agencies and the independent inventor

community. A diverse range of technologies will be

represented at the Expo.

The Expo will also demonstrate the vital role Americas

intellectual property system and the United States Patent

and Trademark office play in promoting and protecting

innovation, a role that contributes greatly to Americas

competitiveness and economic prowess in the global

economy.

The application deadline is February 13, 2013. Exhibition

slots will be awarded to qualified U.S. patent owners on a

rolling basis. Space is limited, so apply now. Applications

will be reviewed by an independent committee made up of

representatives from some of the most important and

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NEWS FROM INDIAN PATENT OFFICE

Comprehensive e-Filing Services for

Patents

It is good news for IP attorneys and patent agents that

comprehensive e-filing services for patents has been

launched by Shri Saurabh Chandra IAS, Secretary,

Department of Industrial Policy and Promotion, M/o

Commerce and Industry, Government of India on 15th

December 2012. The existing E-filing services has been

discontinued with effect from 12:00 hours IST on

31.12.2012.

Guidelines: Traditional Knowledge and

Biological Material patents

CGPDTM launches the final version of the Guidelines for

processing of Patent Applications relating to Traditional

Knowledge and Biological Material.

Draft Guidelines for Examination of

Biotechnology ApplicationsThe draft "GUIDELINES FOR EXAMINATION OF

BIOTECHNOLOGY APPLICATIONS" are available to thepublic. The guidelines are intended to bring examination of

applications related to relevant subject matter.

Comments/suggestions, practice for the same may be sent

to the Office of the Controller General of Patents, Designs &

Trademarks latest by 11th January 2013 by e-mail

(a.chakaraborti @nic.in).

Publication of list of patent applications

related to Ayurvedic and Herbal basedmedicines

The CGPDTM has published the list of patent applications

related to Ayurvedic and Herbal based medicines filed at

IPO (Published up to 30-11-2012)

Caution notice: Trademark

CGPDTM issues a caution notice that some unscrupulous

persons or organizations are circulating fake fee receiptresembling receipts issued by trademark registry.

However, those found guilty of such malpractices shall be

dealt as per provisions of criminal laws for cheating

innocent people.

Googlerolas Activesync patent

invalidated by Microsoft

Microsoft won a U.K. ruling invalidating Motorola Mobility

Holdings Inc.s patent protection for technology

synchronizing message statuses across multiple devices.

Microsoft filed the case against Motorola Mobility in

London a year ago in a pre-emptive bid to invalidate the

patent before it could be sued for infringement.

The patent related to synchronizing messages to multiple

devices would have impacted Microsofts Live Messenger

instant-messaging system and Exchange ActiveSync

protocol.

The Judge Richard Arnold found that the patented

technology was obvious to experts in the field and added

nothing inventive, which is one of the various statutory

grounds for revocation of a patent. Microsoft is currently

embroiled in a court case addressing similar patents in

Germany, and Apple recently lost a case against Motorola

using the same invalidated patent.

Copyright violation by Apple Inc in China

Apple Inc has been fined $165,908 by a court in China for

allegedly selling unlicensed electronic versions of books

online. Apple shall pay a total of 1.03 million Yuans

($165,908) to eight Chinese writers and two companies for

violating their copyrights.

Rights of author in copyright include, reproducing, making

copies and issuing copies of the work. Hence, downloading,distributing, issuing copies of the book without consent

owner deem to be infringement of copyright. However, in

the present case, the books were downloaded in great

quantity, resulting in large economic losses for their

authors.

The court concluded that Apple violated the plaintiffs'

"right of communication through information networks",

an element of China's Copyright Law, by providing

applications that contained unlicensed electronic versions

of the books.

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Title of the invention: New Years ball drop

Inventor: Joseph Vito Ingraselino

Current U.S. Classification: 40/442; 40/544International Classification: G09F013/00

The present invention 10 discloses a New Year's celebrating

device having a vertically standing support pole 16 having tracks

18 thereon upon which a movable ball 12 is slidably mounted.

The ball 12 also has lights 14 there on. A New Year display sign

20 having lights 22 thereon. In operation, at a predetermined

time, the ball 12 begins its descent from atop the pole 16. When

the ball 12 reaches its destination at the bottom of the pole 16,the New Year display lights 22 light up and the ball lights 14 flash.

Certificate Courses on Patent Specification drafting

Eligibility: BE, B.Tech, BSc in any area of science/technology.

Unique features of the course are:

Class room sessions by industry experts Hands on exposure to specification drafting Project work Weekend classes

Web based classes for out station candidates

For further details, write [email protected]@gmail.com

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INTERESTING PATENT OF THE MONTH
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]

origiin newsletter: january 2013

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