ASWAL ASSOCIATES- Intellectual Property Law firm India

A divisional Bench of Delhi High Court referred a revision to full bench of Delhi High Court, to consider as to whether an other Divisional Bench of this court in the case of Dabur India Ltd. Vs. Amit Jain & Anr. 2009 (DEL) has correctly held that publication abroad by existence of the design in the records of the Registrar of designs which is open for public inspection cannot be said to be “prior publication” as per the meaning of the term as found in Sections 4(b) and 19(1)(b) of the Designs Act, 2000. The earlier Division Bench had concurred with the view of learned Single Judge of Calcutta High Court in the case of Gopal Glass Works Ltd. Vs. Assistant Controller of Patents & Designs 2006 (Cal.) where it was held that mere publication of designs, specifications, drawings and /or demonstrations by the patent office in a foreign country would not in itself amount to publication for rendering a design registered in India liable to cancellation....

The Mumbai HC held that placing the notice of the website does not constitute compliance with that Rule 38(4) of the said Rules. At the highest, it can be said to have been communicated only on the date on which it was noticed on the website. If a hearing is applied for within a month the application for registration cannot therefore, be deemed to have been abandoned for want of compliance or seeking hearing as envisaged under Rule 38(5). Brief facts of the case: (i)        On 01.10.2010, petitioner applied for registration of the mark “CMA” in class 41. (ii)       On 30.03.2011, petitioner vide a letter informed the Respondents that it had not received any response in respect of its application for registration despite several enquiries having been made from time to time and that as a result thereof, it was unable to provide training and award degrees / certificates on the “newest branches of management and accou...

Divisional Bench of Delhi High Court in LPA no. 564 of 2012 titled Union of India & Ors. Vs. Malhotra Book Depot has upheld the judgment dated November 29, 2011 passed by single bench of Delhi High Court in W.P.(C) No.7882/2010 and has directing the restoration and renewal of the Trademark of the respondent "Malhotra Book Depot" for mark "MBD" in class 16 after satisfying that the respondent is the registered proprietor/successor of the registered proprietor of the registered trademark which has expired and that in the interregnum same or similar marks have not been registered. Brief facts of the case: (i)        The predecessors of the respondent (i.e. Shri Ashok Kumar Malhotra and late Shri Balbir Singh, trading as M/s. Malhotra Book Depot) stated to be a partnership firm of Ms. Satish Bala Malhotra, Ms. Monica Malhotra Kandhari and Ms. Sonica Malhotra Kandhari) had applied for and were granted registration of the Trademark “MBD” in Class 1...