Intepat IP

National Phase PCT Patent Application in India Within 31 months from the priority date, the application enters the National Phase PCT application. The National Phase of a PCT application resembles a national filing in a respective country. The decision to grant patent protection in a particular country ultimately rests on the Patent Office of that country. However, filing a PCT application is much simpler than filing a normal national one since most of the formal requirements are resolved in the international phase. Also, the national examiners most often follow the Search Report conducted in the International Phase. https://lnkd.in/g-JRBx_c #patent #PCT #patents #international #nationalphase #pctapplication #application #india #USPTO #EPO #Indianpatent #innovation #inventor

Case Study: Rahul Mishra & Anr. v. John Doe & Anr., on 24th December, 2024. The Delhi High Court granted an ex-parte ad-interim injunction to Rahul Mishra, a renowned Indian fashion designer, and his company against John Doe and GName.com Pte Ltd. The defendants were accused of infringing the plaintiffs' trademark and copyright by selling counterfeit replicas of their exclusive designer dresses through an unauthorized website, www.rahudress.com. The court recognized the violation of intellectual property rights and the potential dilution of the plaintiffs’ brand goodwill, warranting immediate relief.

Case Study: Monster Energy Company vs. The Registrar of Trade Marks (19 November 2024) The Madras High Court upheld the Registrar’s rejection of Monster Energy’s trademark application for "ENERGY FOR THE JOURNEY," ruling that the phrase was generic and lacked distinctiveness. Despite the company’s claim of acquired distinctiveness through marketing, the court emphasized that generic terms cannot be monopolized for trademark registration.

The journey of 2025 begins now—let’s make it a year of impactful growth, meaningful collaborations, and transformative successes. Wishing you all a prosperous and purpose-driven New Year from all of us at Intepat!

🌟DID YOU KNOW? SEVEN WONDERS OF ANDAMAN: GI TAGS THAT MADE HISTORY! 🌴✨ 🚨Breaking News: The Andaman & Nicobar Islands have just made history by becoming the first Union Territory in India to secure seven Geographical Indication (GI) tags in one go! 🎉🎉 This prestigious recognition ensures that products tied to a region’s heritage remain protected from imitation while boosting local economies💼📈. Isn’t that fascinating? 🏝️The Seven Wonders of Andaman & Nicobar: 1️⃣ Nicobari Mat – 🧶✨ A woven masterpiece made from locally sourced materials and adorned with intricate designs passed down through generations.  2️⃣ Nicobari Hut – 🏚️🍃 Eco-friendly, charming structures crafted with cane and leaves, perfect for social gatherings and ceremonies.  3️⃣ Nicobari Hodi – 🚤🌊 A traditional outrigger canoe, embodying the islanders’ deep connection to the sea for fishing, transport, and rituals. 🎣🛥️ 4️⃣ Padauk Wood Craft – 🌳 🪓 Sustainable craftsmanship turning rich Padauk wood into elegant furniture and décor. 5️⃣ Andaman & Nicobar Coconut –  🌴🥥A versatile and ecological gem, essential to the region’s culture and economy.  6️⃣ Nicobari Tavi-i-Ngaich (Virgin Coconut Oil) – 🌿🍶Pure, chemical-free oil celebrated globally for its health benefits and sustainability.  7️⃣ Andaman Karen Musley Rice – 🍚✨A traditionally grown variety known for its distinct flavor and nutritional richness. 🌟Why GI Tags Matter: 🛡️They do more than protect products—they empower local communities, preserve sustainable 🌍practices and celebrate centuries-old traditions . This milestone was achieved thanks to NABARD, local cooperatives, and the dedication of leaders like Padma Shri Rajni Kant, the “GI Man of India.” 🌟 🌿Beyond Tradition: A Step Towards Sustainability These tags protect centuries-old legacies, celebrate indigenous practices, and promote eco-conscious living. 🌍 💬 What’s Your Take? Are GI tags the secret to preserving culture while fostering sustainable growth? Share your thoughts below! 🔽 #AndamanAndNicobar #GITags #CulturalHeritage #Sustainability #Empowerment

Case Study: New Balance Athletics, Inc. vs Pulkit Khubchandani on 21 October, 2024 The Delhi High Court granted a permanent injunction in favor of New Balance Athletics Inc. in a trademark dispute against Mr. Pulkit Khubchandani, trading as Kiran Shoe Company. The defendant was accused of using marks like “N Device,” “K Device,” and “550” that closely resembled New Balance’s trademarks “N” and “550,” misleading consumers and exploiting the plaintiff’s goodwill. An ex-parte ad interim injunction was issued, followed by a permanent injunction, along with costs and damages, after reviewing evidence and the defendant’s admissions.

Case Study: Signal Pharmaceuticals v. Deputy Controller of Patents and Designs on 21 November, 2024 The Madras High Court addressed the rejection of Signal Pharmaceuticals’ patent application for “mTOR kinase inhibitors” used in oncology. The application was denied for lack of inventive step under Section 2(1)(ja) and non-patentability under Section 3(d) of the Patents Act. Signal Pharmaceuticals contested the decision, claiming it lacked proper analysis of the invention’s advancements and therapeutic efficacy. The court quashed the rejection order, labeling it inadequate, and remanded the matter for reconsideration.

Case Study: Aktiebolaget Volvo & Ors. v. Lamina Suspension Products Limited on 30 September, 2024 The Delhi High Court granted a permanent injunction to Aktiebolaget Volvo & Ors. against Lamina Suspension Products Limited for infringing and passing off the trademarks “VOLVO” and “FMX” through the sale of vehicle leaf springs on platforms like IndiaMart. The plaintiffs argued that the defendant’s use caused confusion and diluted their trademark rights. The court approved the defendant’s proposed alternative mark under strict conditions to prevent consumer confusion and upheld the plaintiffs’ request for a permanent injunction.

Wishing you a festive season filled with love, laughter, and cherished moments. May this Christmas bring warmth and happiness to your heart and life. Warmest wishes from the team at Intepat. Merry Christmas! #SeasonOfJoy #IntepatIP #MerryChristmas #HappyHolidays #Xmas

🎅🎄✨Unwrapping Santa's IP Portfolio: How Intellectual Property Rights Protect the Magic of Christmas! 🎄🎁 Have you ever wondered what powers Santa's global empire of joy and cheer? It's not just his reindeer and sleigh—Santa's world is a perfect example of Intellectual Property (IP) Rights in action! Let’s dive into Santa’s IP portfolio and explore how each type of IP safeguards the holiday spirit! 🚂❄️ 🎨Trademarks: Guarding Santa’s Identity Santa’s red suit, his iconic "Ho Ho Ho" 🎅🎄, and Coca-Cola’s classic depiction of Santa are all safeguarded by trademarks. These ensure that festive symbols remain exclusive and authentic, protecting against misuse. 📚Copyrights: Preserving Stories and Songs Christmas wouldn’t be the same without beloved carols like Jingle Bells 🎶, classic stories like The Night Before Christmas, or the illustrated magic of Santa and his sleigh! 🛷Copyrights ensure these creative works are protected, rewarding their creators and keeping the festive spirit alive for generations to enjoy. 🎄🎄 💭Patents: Innovating Santa’s Workshop How does Santa deliver gifts worldwide in one night?🚀❄️ His Sleigh tech— time warps, weather-resistant packaging machines, and reindeer-powered propulsion — would make for some incredible patents! These ensure that Santa stays ahead of the innovation game while delivering joy worldwide. 🌟 💼Design Rights: Showcasing Christmas Style From the intricate designs of festive ornaments to Santa’s sleek🎅, shimmering sleigh🛷, adorable toys🧸, design rights protect the visual magic of the season. These rights preserve the aesthetics that make Christmas so enchanting! 🔒Trade Secrets: Keeping the Magic Alive How does Santa manage the naughty-or-nice list? 📝 What’s the secret to delivering billions of presents in one night? 🎁🛷 These mysteries are protected as trade secrets. 🤫 Trade secrets ensure the magic stays a surprise, year after year! This holiday season, let's celebrate the creativity, innovation, and IP rights that make Christmas magical. 🎄🎅🛷 #IntellectualProperty #SantaClaus #Christmas #FestiveMagic #Innovation #IPR