Red Bull’s plea on trademark rejected
The Intellectual Property Appellate Board (IPAB) has rejected a plea from Red Bull, manufacturer of an energy drink, for the removal of a trademark registered in the name of Dr. Reddy’s Laboratories Limited.
Red Bull has adopted a trademark with tagline “Gives You Wings” and said due to the extensive publicity, the concept of an animal/human acquiring wings after consumption of the Red Bull Energy Drink has become exclusively associated with it.
However, another trademark was registered in November 2001 with the tagline “Your Wings to Life”, in the name of Dr. Reddy’s Laboratories Limited. Now, Red Bull had sought its cancellation.
What has the IPAB said while dismissing the petition?
The rival trademarks are neither deceptively similar nor identical with. The applicant mark “Your Wings to life” is not the main mark. It is the sub-brand.
Therefore, the goodwill and reputation alleged by the applicant is not pertaining to the main mark Red Bull. Hence, both trademarks are not similar.
What is a trademark?
In layman’s language, it is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.
The legal requirements to register a trademark under the Act are:
The selected mark should be capable of being represented graphically (that is in the paper form).
It should be capable of distinguishing the goods or services of one undertaking from those of others.
It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.
Different types of trademarks that may be registered in India:
Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
Letters or numerals or any combination thereof.
The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
Devices, including fancy devices or symbols
Combination of colors or even a single color in combination with a word or device
Shape of goods or their packaging
Marks constituting a 3- dimensional sign.
Sound marks when represented in conventional notation or described in words by being graphically represented.
The Controller General of Patents, Designs and Trade Marks heads the TRADE MARKS Registry offices and functions as the Registrar of TRADE MARKS.
What is Intellectual Property Appellate Board (IPAB)?
It was constituted on September 15, 2003 by the Indian Government to hear and resolve the appeals against the decisions of the registrar under the Indian Trademarks Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Act, 1999.
Since April 2, 2007, IPAB has been authorized to hear and adjudicate upon the appeals from most of the decisions, orders or directions made by the Patent Controller under the Patents Act. Therefore, all pending appeals of Indian High Courts under the Patents Act were transferred to IPAB.
Organization of an IPAB Bench:
Each Bench of the IPAB includes a Judicial Member and a Technical Member. The qualifications for appointment as a technical member of the IPAB are mentioned in The Trade Marks Act and the Patents Act.
Appeals from the decision of the Controller to the IPAB must be made within three months from the date of the decision/ order or direction, according to the, or within such further time as the IPAB permits, with the appropriate fees. An extension is available for filing the appeal by way of a Condonation of Delay (COD) petition.
Entrepreneurs in Residence (EIR) programme
A brochure featuring Entrepreneurs in Residence (EIR) under the National Initiative for Developing and Harnessing Innovations (NIDHI) programme was recently launched.
What is Entrepreneurs-in-Residence (EIR) Programme?
It is under the National Initiative for Developing and Harnessing innovations (NIDHI) of Department of Science and Technology.
It supports aspiring or budding entrepreneur of considerable potential for pursuing a promising technology business idea over a period up to 18 months with a subsistence grant up to Rs 30000 per month with a maximum cap for total support of Rs 3.6 lakh to each EIR over a maximum of 18 months.
What is NIDHI program?
Department of Science & Technology has launched a NIDHI program (National Initiative for Developing and Harnessing Innovations) under which programmes for setting up of incubators, seed fund, accelerators and ‘Proof of concept’ grant for innovators and entrepreneurs have been launched.
Under NIDHI, PRAYAS (Promoting and Accelerating Young and Aspiring innovators & Startups) programme has been initiated in which established Technology Business Incubators (TBI) are supported with PRAYAS grant to support innovators and entrepreneurs with grants for ‘Proof of Concept’ and developing prototypes.
State to declare 600 acres of Aarey as reserve forest
Maharashtra Chief Minister Uddhav Thackeray has announced the reservation of 600 acres of Aarey land near Sanjay Gandhi National Park (SGNP) as forest, claiming it as the first instance of an extensive forest blossoming within the limits of metropolis anywhere in the world.
What is a reserve forest? How is it different from protected forests?
A reserve forest denotes forests accorded a certain degree of protection. The term was first introduced in the Indian Forest Act, 1927 in British India, to refer to certain forests granted protection under the British crown in British India, but not associated suzerainty.
Unlike national parks or wildlife sanctuaries of India, reserved forests are declared by the respective state governments.
At present, reserved forests and protected forests differ in one important way: Rights to all activities like hunting, grazing, etc. in reserved forests are banned unless specific orders are issued otherwise.
In protected areas, rights to activities like hunting and grazing are sometimes given to communities living on the fringes of the forest, who sustain their livelihood partially or wholly from forest resources or products.
The Indian Forests Act 1927 defines the procedure to be followed for declaring an area to be a reserved forest, a protected forest or a village forest.
No Question Hour and Private Members Bill during monsoon session of Parliament
The government of India recently announced that there will be no Question Hour, Zero Hour and introduction of private member bill during the monsoon session. This is being done in the view of COVID-19 pandemic.
The first hour of every parliamentary sitting was slotted for Question Hour. This was shifted to 11 AM to 12 noon in Rajya Sabha in 2014. During this time period, the Members of the Parliament ask questions to the ministers. The questions can also be asked by the private members as well.
There are three types of questions that are asked. They are as follows
Starred Questions: These questions require oral answer. Thus, no supplementary questions shall follow for starred questions
Unstarred Questions: These questions require written answers. The supplementary questions cannot follow here as well. The GoI has agreed to answer all the unstarred questions during this monsoon session.
Short Notice Question: It is asked by giving notice of less than ten days. The questions are answered orally.
The question hour in both the houses are held on all the days of the parliamentary session. There are two days when there is no question hour in the Parliamentary proceedings. They are when the President addresses MPs from both houses. Also, there is no question hour on the day finance minister presents the Budget.
Zero Hour starts immediately after question hour. During this hour, the members can raise matters without any prior notice.
In the last five years, around 60% of question hour was wasted due to disruptions. Also, in the history of parliament records show that question hour was done away in 1962, 1975, 1976, 1991, 2004 and 2009.
Private Member Bill:
It is introduced in the legislature by the legislator who is not acting on behalf of executive branch.