Parle Agro moved the Bombay High Court against multinational Walmart India for alleged trademark violation. Parle Agro contended that the mark, shape of the bottle, colour scheme, label, get up, layout and the entire trade dress of Walmart India’s impugned product-Fizzy Apple is identical to their Appy Fizz. Although, Walmart argued that the word ‘fizzy’ is a common descriptive word and no monopoly can be claimed over it, on November 06 it released a statement undertaking not to use the label which was accepted by the Court and interim application was disposed.
Category: News & Updates
New website for Geographical Indications in India
The Controller General of Patents, Designs and Trade Marks & GI Registry, launched a website dedicated to Geographical Indications on November 13, 2020, in the ISRO-BHUVAN geoportal. This website provides spatial representation of Geographical Indications in India through maps and helps to visualize state-wise distribution of geographical indications.
Source: https://bhuvan-app1.nrsc.gov.in/geographicalindication/index.php; https://bhuvan.nrsc.gov.in/bhuvan_links.php
Online/Digital Media brought under the Ministry of Information and Broadcasting
The Government of India, in a notification dated November 09, 2020, has amended the Government of India (Allocation of Business) Rules, 1961. This order brings films and audio-visual programmes made available by online content providers, and news and current affairs content on online platforms, under the Ministry of Information and Broadcasting.
Source: http://egazette.nic.in/WriteReadData/2020/223032.pdf
Central Government notifies the Patents (2nd Amendment) Rules, 2020
The Central Government has notified and published the Patents (2nd Amendment) Rules, 2020 on November 4, 2020 which further amends the Patents Rules, 2003. The scope of amendment extends to changes in Rule 7 and principal rules for Table I of the First Schedule and Rule 24C(5) of the Patents Rules, 2003.
Source: http://egazette.nic.in/WriteReadData/2020/222947.pdf
Extension of Companies Fresh Start Scheme, 2020 by the MCA
By way of General Circular No. 30/2020 dated September 28, 2020 the MCA has extended the operation of the Companies Fresh Start Scheme 2020 until December 31, 2020 owing to COVID-19 pandemic related disruptions. The Companies Fresh Start Scheme provides companies a one-time relaxation towards payment of additional fees for defaults in relation to statutory compliances (viz. any belated filings). Additionally, the said scheme, which came into force on April 1, 2020, provides inactive companies an opportunity to pay the normal fee and have their status declared as dormant.
Source: http://www.mca.gov.in/Ministry/pdf/Circular12_30032020.pdf ; http://www.mca.gov.in/Ministry/pdf/GeneralCircularNo.30_28092020.pdf