Trademark Licensing, Prosecution and Litigation Course

Name: Introduction To Trademark Licensing, Prosecution and Litigation Course | Henry Harvin
Uploaded: 2024-07-13 22:22:05
Description: Work like a progressive and efficient Lawyer | Understand all the work of the Trademark Litigation practice | Learn the strategic work involved in trademark selection and creation of a trademark portfolio.

Module 1: Overview of Trademarks
- Introduction to Intellectual Property
- Types of intellectual property with examples
- Significance of IP in the global economy
- Relevant provisions of the statute and rules
- Key regulatory bodies you must be aware of
- Types of legal work in connection with intellectual property
Module 2: Trademark Selection and Strategy Insights
- What to keep in mind when you create your own brand, logo, tunes and trade dress
- Should your brand name be the same as company name?
- Types of registrable marks
- Categories of marks (from generic, descriptive, suggestive, arbitrary and fanciful) and their relevance for trademark selection strategy
- Common objections from the Registry
- Criteria for creation of a ‘strong’ mark
- Non-conventional marks in India
- Strategic benefits of series and certification marks
- Benefits of building a trademark portfolio
- How to maintain a dashboard for your trademarks portfolio
Module 3: Trademark Search and Classification
- How to conduct trademark search
- How to determine appropriate classes for registration
- Advantages of selection of accurate classes in registration process and infringement litigation
- How to create and maintain a dashboard for your trademark watch
Module 4: Introduction to Trade dress
- An overview of Well known trademarks
- understand the meaning of a well-known mark and the special protection granted to them;
- know about the methods of securing the status of a well-known mark;
- get familiar with the factors considered and not considered by the court in determining a trademark as well-know
Module 5: Registration and Protection of Trademarks
- Step-by-Step Trademark Registration in India
- Filling up and filing of registration application
- Grounds for refusal of registration of trademarks
- Response to Examination Reports
- Objections under Sections 9 and 11
- Pre-publication objection
- Response to objections by trademark applicant
- Notice of Opposition and response
- User Affidavit
- Affidavits under Rules 45/ 46/ 47
- Registration of non-conventional trademarks
- International Trademark Registration Process
- Step-by-step Trademark Prosecution
- Appeal, Review, Rectification, and Cancellation of Trademark Registration
- How to register non-conventional trademarks in India
Module 6: Trademark Monetization Techniques, Contracts
- Methods of Commercial Exploitation of Trademarks
- Types of trademark licensing
- Drafting and Negotiating Franchising and Licensing Agreements
- Drafting and Negotiating Merchandising Agreements
- Should Mickey Mouse be copyrighted or trademarked?
- Benefits of registration of copyright on a creative work
- Taj Hotel Building Trademark Case Study: Interface between trademarks, copyrights, patents and designs
Module 7: Trademark Infringement and Litigation Process
- Trademark Infringement and Litigation Strategy
- How to conduct a trademark watch to identify infringement
- Opposition to trademark claims
- Enforcement of trademark: domestic and international
- Defenses to Trademark Infringement
- When to opt for criminal prosecution
- Groundless threat proceedings
- Remedies for cross-border infringement of trademarks
- Exceptions to infringement, trademark of personal names, honest and concurrent use, prior user etc.
- Criteria for filing passing off and infringement
- What are the exceptions to trademark infringement?
- Cease and desist notice for trademark infringement
- How to prove infringement/passing off on facts
- Trademark infringement through the use of meta tags
- Intellectual property appellate board
- IPR litigation under the commercial courts Act
Module 8: Trademark Infringement in Cyberspace
- How to deal with domain name disputes and cybersquatting
- Introduction to domain name disputes and cybersquatting
- Actions to be taken to address domain name disputes
- How to approach Indian courts for orders
- Takedown notice to an offshore registrar
- Uniform Dispute Resolution Policy (UDRP) process under Internet Corporation for Assigned Names and Numbers (ICANN)
- .IN Domain Name Dispute Resolution Policy (INDRP)
- Google ad policies and IP tips for brand-owners and marketers
- Who can issue a takedown notice

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