Wednesday, February 13, 2013

Online Brand Protection Law Firms In India

Brands and Trademarks are playing a major role in commercial activities world over. Big organisations are fighting legal battles to protect and enforce their brands and Trademarks. For instance, Financial Times and Times of India have been fighting a Trademark battle in Supreme Court of India. Similarly, USPTO granted Apple Trademarks for its retail outlets designs and layout.  

Novel and unexplored avenues like new GTLDs by ICANN would further raise Trademark and brand disputes in future. Legal issues of new GTLDs applications and registrations are well known. The objection and dispute resolution for ICANN’s new GTLDs registrations is the recognition of possible legal disputes in this regard. Thus, Trademark and brand protection under new GTLDs registration by ICANN must be suitably planned.

More and more individuals and companies are interested in brand protection and management in India. This is evident from the increased numbers of Trademark registrations in India. The Trademarks registration procedure in India is well established and there are many good Trademark IP law firms and lawyers in India.

Even many companies and firms are offering brand protection and enforcement services in India. However, some of these companies are engaging in illegal and unethical activities while protecting brands of others. This can cause trouble for both these company ies and their clients. The truth is that online brand and reputation protection got nasty and law enforcement agencies must take notice of these illegal activities.

At Perry4Law and Perry4Law’s Techno Legal Base (PTLB) we believe that online brand and trademark protection in India must be done in a techno legal manner. Companies and firms engaging in illegal and unethical methods must stop using the same immediately as they may bring short term benefits but would be detrimental in the long run.

If you are interested in techno legal online and trademark protection in India, you may contact us in this regard for your professional needs.

Sunday, February 10, 2013

Brand Protection And Management In India

Brand protection and management in India is a new concept. As more and more companies and individuals have started using information and communication technology (ICT), brand protection and management in India has become essential.

Brand protection and enforcement is generally managed by the intellectual property (IP) laws of India, especially Trademarks law of India. The Trademarks registration procedure in India is governed by the Trademarks Act, 1999 of India.

Recently ICANN has initiated the procedure to allot new GTLDs. The process is still on and objection and dispute resolution for ICANN’s new GTLDs registrations can still be undertaken by individuals and companies. The trademark and brand protection under new GTLDs registration by ICANN are complicated in nature. Even stakes are very high in the new GTLDs allotment. There is a dire need to have an effective brand enforcement policy in India on the part of Indian entrepreneurs and brand stakeholders.

At Perry4Law and Perry4Law’s Techno Legal Base (PTLB) we have been providing exclusive techno legal brand protection and enforcement services in India. Besides we are also one of the most prominent IPRs law firms of India. Our specialty includes online brand protection and management in India and abroad.

We use only legally permissible and ethical methods to ensure online brand protection and management in India. In recent times, online brand and reputation protection has got nasty and many online brand and reputation companies are using illegal and unethical means to protect brands of their clients.

Instead of engaging in illegal and unethical brand protection and management methods, stakeholders must engage in constructive, productive and sound planning and strategy making.

You may contact us for professional brand protection and management services in India in general and techno legal services in particular.

Saturday, February 9, 2013

Trademarks Registration Procedure In India

The trademark law of India can be found in the form of the Trade Marks Act 1999. To give a better and detailed understanding of the trademark and brand protection law in India, Perry4Law and Perry4Law’s Techno Legal Base (PTLB) would discuss the same in this article.

The same shall include the required documents and formalities for trademark registration in India and the procedure for registration of trademarks in India. In order to provide the maximum possible information at a single place, we would incorporate necessary hyperlinks within this article itself. This way we can avoid repeating the same legal principles again and again.

Intellectual property rights (IPRs) services in India are well known. The same includes trademark related legal services as well. There are many good trademarks law firms in India in general and IPRs law firms in India in particular. We at Perry4Law also provide world class techno legal IPRs services in India and abroad.

Perry4Law and PTLB believe that this article, along with the hyperlinks, covers the most comprehensive techno legal guide prescribing the trademarks registration procedure in India.

If you are interested in seeking our professional techno legal services in this regard, you may contact us with your requirements.

Sunday, February 3, 2013

Financial Times And Times Of India Would Fight Trademark Battle In Supreme Court Today

Trademarks, brands and trade names have assumed great significance in today’s world. They are also essential part of intellectual property rights (IPRs) that must be adequately safeguarded.

With information technology supplementing the sale and distribution of goods and services world over, protection of trademarks has become really difficult. This is the reason why trademarks must be protected globally as trademark protection is territorial in nature.

Similarly, online brand protection in India has become a must these days. The companies around the world are so particular about protecting their brands that they at times cross the limits of lawful acts. Trademark and brand protection under new GTLDs registration by ICANN would further complicate the scenario.

Trademark registration in India is governed by the Trademarks Act 1999 of India. A registered trademark is valid for a period of 10 years that can be renewed for another 10 years at a time. Further, international registration of trademarks under Madrid Agreement and Madrid Protocol can also be explored by applicants. However, the Madrid Agreement and Madrid Protocol and its applicability and implementation in India are still in a flux.

One such trademark issue that is presently contestable is pending between Financial Times and Times of India. The dispute pertains to use of the words/brand financial times. Both parties are asserting their rights to use the name financial times. This has become a two-decade old trademark dispute that has now come before the Supreme Court of India for final adjudication.

The UK based Financial Times is planning to bring online and facsimile editions in India. It has already received clearance from the Foreign Investment Promotion Board (FIPB) and in-principle approval from the Registrar of Newspapers for India (RNI) in 2009. However, it could not start the editions here as Times Publishing House, a Bennett Coleman & Co Ltd (BCCL) firm, obtained a stay from a Karnataka court immediately after the Financial Times received the approvals. FT had moved the apex court against this order.

Good growth of e-commerce in India is also encouraging UK’s Financial Times to offer subscription for its online edition and applications for tablets. This would also extend the growth and reach of UK’s Financial Times in all parts of the world, including India.

In late 1980s, UK’s Financial Times had entered into a content sharing arrangement with the Times of India Group. But, the arrangement did not work and Financial Times applied for a trademark registration in India in 1987. However, it did not apply for the RNI registration of the newspaper title that time.

Friday, February 1, 2013

Objection And Dispute Resolution For ICANN’s New GTLDs Registrations

It has been now notified by ICANN that the objection period has been extended to 13 March 2013. Once the objection filing period closes, all objections received will move through a dispute resolution process which will take approximately five months to resolve in most circumstances.

If you need professional legal services for making or defending various objections and disputes under the new GTLDs process, you may contact us if you deem it appropriate.

This dispute resolution mechanism has been incorporated into the new GTLDs process to safeguard the interests of brand, trademark and other rights holders. Any objection by a right holder would be analysed by a pre defined and qualified panel of experts in the relevant subject area. Further, even dispute resolution service providers have also been notified by ICANN and all disputes would be referred to these providers alone.

Objection can be filed in the categories of String Confusion, Legal Rights Objections, Limited Public Interest and Community. If you want to file a formal objection to a new GTLD application, you must contact the appropriate dispute resolution service provider and file your objection electronically. The language to be used is English. If your objection falls in different categories, you have to file each objection separately and pay the accompanying filing fees for each.

While filing such objection(s), you must add your name and contact information as the objector along with a statement as to why you believe you meet the standing requirements. Further, a description of the basis for your objection must be given that must include a statement giving the grounds on which you are objecting and a detailed explanation of the validity of your objection and why it should be upheld. Do not forget to add copied of relevant documents that support your objection. Objections are limited to 5000 words or 20 pages, which ever is less.

You may also be on the receiving end. You may have to defend the objections raised by others against your new GTLDs applications. Within thirty days of the closing of the objections filing window, ICANN will post a Dispute Announcement and notify the providers to begin the objection proceedings. If you are an applicant and have received notice from a provider that you have had an objection filed against your application, you will have 30 calendar days to file your response. If you do not respond within 30 days, you will be in default and the objector will prevail.

If your application has been objected to, you can work to reach a settlement with the objector. This would result in either a withdrawal of the objection or a withdrawal of your new GTLD application. You can also file a response to the objection and enter the dispute resolution process. You can withdraw your new GTLD application, in which case the objector will prevail by default and your application will not proceed.

Perry4Law would like to remind that if you fail to file a response to an objection, the objector will prevail by default. So you must defend and oppose any objection raised by a third party.

Perry4Law and PTLB wish all the best to all parties to the new GTLDs process.