IPR Amicus, November, 2015 covers an article ‘Slogans - An issue of descriptiveness’. This article discusses about the difficulty in getting trademark protection for slogans as it is often accompanied by one particular hurdle of retaining exclusivity, which results from their descriptive nature.
Ratio Decidendi section of this issue provides a note on two Bombay High Court judgments holding that copyright registration is not conclusive proof of authorship and that registration under Press Act is not a defence against infringement action under Trademarks Act. This section also covers a Supreme Court judgement upholding the IPAB Order wherein it was held that names of holy or religious books cannot be claimed as trademark for goods or services.
Indian patent office has published draft Patent (Amendment) Rules. The draft Rules, covered under News Nuggets section, propose a number of changes to expedite the patent prosecution process in India.
