Etumon

26/09/2026

SKIPPING A TRADEMARK SEARCH BEFORE FILING?
It could cost you more than you think.
1️⃣ You could be sued
2️⃣ A quick google search is not enough
3️⃣ You can loose money
4️⃣ Rebranding is costly
5️⃣ Bottomline: Take professional advice from an experienced Brand Expert, Brand Naming Agency, Trademark Attorney, Brand Strategist

21/09/2026

Worried someone might copy your product? A design right can help protect its unique appearance.

Concerned about someone using your brand? That's where a registered trade mark comes in.

Knowing the difference can help you identify which protections may be right for your business, in some cases, you might find both useful.

Check out these images to see how it works. ➡️



Courtsey: IP Australia

18/09/2026

𝐂𝐨𝐩𝐲𝐫𝐢𝐠𝐡𝐭 𝐂𝐚𝐧𝐧𝐨𝐭 𝐁𝐞 𝐔𝐬𝐞𝐝 𝐭𝐨 𝐒𝐤𝐢𝐩 𝐚 𝐓𝐫𝐚𝐝𝐞 𝐌𝐚𝐫𝐤 𝐑𝐚𝐢𝐝: 𝐆𝐮𝐣𝐚𝐫𝐚𝐭 𝐇𝐂 𝐐𝐮𝐚𝐬𝐡𝐞𝐬 𝐀𝐩𝐩𝐥𝐞 𝐀𝐜𝐜𝐞𝐬𝐬𝐨𝐫𝐢𝐞𝐬 𝐅𝐈𝐑 📜⚖️

𝐉𝐮𝐝𝐠𝐦𝐞𝐧𝐭 🏛️
Jitendrabhai Mohanbhai Kriplani v. State of Gujarat & Anr.

𝐂𝐢𝐭𝐚𝐭𝐢𝐨𝐧 📑
R/Criminal Misc. Application No. 21846 of 2022 (Gujarat High Court, 07.09.2026, Justice P. M. Raval)

𝐓𝐡𝐞 𝐂𝐚𝐬𝐞 𝐢𝐧 𝐁𝐫𝐢𝐞𝐟 🔍

Griffin IP, acting for Apple Inc., lodged FIR C.R. No. 11191026220492 of 2022 at Kalupur Police Station, Ahmedabad, alleging sale of counterfeit Apple accessories from “Raj Cover House”. The FIR invoked Sections 51, 63 and 64 of the Copyright Act, 1957. The seizure list had AirPods, adapters, cables and MRP / barcode stickers. No user manuals were recovered. The petitioner sought quashing under Section 482 Cr.P.C. (Paras 1–2, 9)

𝐂𝐨𝐮𝐫𝐭’𝐬 𝐇𝐨𝐥𝐝𝐢𝐧𝐠 ✅

Petition allowed. The FIR and all consequential proceedings qua the petitioner were quashed. (Paras 20–21)

𝐊𝐞𝐲 𝐎𝐛𝐬𝐞𝐫𝐯𝐚𝐭𝐢𝐨𝐧𝐬 💡

• 𝐏𝐚𝐫𝐚 𝟗: Copyright under Section 13 lives in original literary or artistic works. An MRP tag, barcode or model sticker is functional data, not an original literary work.
• 𝐏𝐚𝐫𝐚 𝟗: Sale of counterfeit hardware is a Trade Marks Act case under Sections 103 and 104. It cannot be dressed as copyright to skip Section 115.
• 𝐏𝐚𝐫𝐚𝐬 𝟏𝟓–𝟏𝟔: Section 115(4) requires the Registrar’s opinion before search and seizure. None was obtained. The raid is void ab initio.
• 𝐏𝐚𝐫𝐚𝐬 𝟏𝟕–𝟏𝟖: The raid must be by an officer not below DSP / ACP. A Police Inspector and constables have no jurisdiction.
• 𝐏𝐚𝐫𝐚 𝟏𝟗: Labelling a trade mark raid as copyright so that station-level police can act at once is a colourable exercise of power.
• 𝐏𝐚𝐫𝐚 𝟐𝟎: Commercial hardware is not an artistic or literary work. Sections 103 and 104 cannot be substituted after a raid that broke Section 115(4).

𝐐𝐮𝐨𝐭𝐞 𝐟𝐫𝐨𝐦 𝐭𝐡𝐞 𝐁𝐞𝐧𝐜𝐡

“The complainant cannot camouflage a trademark dispute as a copyright offence to bypass procedural safeguards (such as search/seizure rules under Section 115 of the Trade Marks Act).” (Para 9)

𝐏𝐫𝐚𝐜𝐭𝐢𝐜𝐚𝐥 𝐈𝐦𝐩𝐥𝐢𝐜𝐚𝐭𝐢𝐨𝐧𝐬 🛠️

If the goods are commercial hardware bearing a mark, use the Trade Marks Act. That means Registrar’s opinion first, and a DSP-rank officer for the search. A wrongly labelled copyright FIR does not cure a void raid. For rights-holders: close Section 115(4) before the police move. For the defence: a seizure memo of only chargers, cables and stickers is a quashing point.

16/09/2026

UPI Payments to Remain Free for Person to Person transactions; MDR Applicable Only on Large-Value Merchant Transactions

https://www.pib.gov.in/PressReleasePage.aspx?PRID=2310586&fbclid=IwY2xjawUW_59wZG9mAWV4dG4DYWVtAjEwAGJyaWQRMTNHMkc2TlNSR09waFhVNUFzcnRjBmFwcF9pZBAyMjIwMzkxNzg4MjAwODkyAAEeba_t_PYE2zIxWYgpsMYI5mxIuIVOzLXpVgdaPWUcIsCAinv5lKyqAjirJfs_aem_SUKYQiMUklmoI0S9tHkCSA®=48&lang=2

The new UPI framework introduced has no impact on any person to person transactions. UPI will contin

14/09/2026

"I registered a Private Limited Comany or LLP and bought a domain name, so the name is protected."

This is the most expensive assumption in small business. It can cost you a 'cease and desist notice', an urgent need to rebrand, and a trademark damages claim.

Registering a company gives you the right to operate under a name.
But, Registering a trademark gives you the right to stop other people from using it. The second does not follow from the first.

Must Know:
- what registration actually gives you,
- how Private Limited Company or LLP name and Domain Name differ from a trademark,
- what you have to do after registration to keep the mark valid.

07/09/2026

Team Etumon turns 2000 strong LinkedIn members network platform today.

04/09/2026

"The Man of Average Intelligence and Imperfect Recollection"

29/08/2026

Feeling pleased for my Client Mr. Raju Ranjan Kumar Singh of the popular Food Outlet "Champaran Meat House" that serves 'AHUNA MEAT' (Champaran Meat) having successfully Registered his Trademark 'CHAMPARAN MEAT HOUSE' by the Trade Mark Registry Mumbai today.

Raju Ranjan Kumar Singh, a native of Ghodasahan of East Champaran District in Bihar is said to be inventor of "CHAMPARAN MEAT" or "AHUNA MEAT" Brands and also is a man behind popularity of this Brand on All India basis since August, 2010.

Team Etumon and the Law Office of Nikita Congratulates our Client on this achievement.

Champaran Meat House

24/08/2026

https://lnkd.in/p/gJuSgjUT

Behind every innovation is a professional who protects it. Today, we are pleased to feature one of those professionals. We are pleased to feature Srivastwa, Manoj in AIPx Global's "𝐖𝐡𝐨'𝐬 𝐖𝐡𝐨 𝐢𝐧 𝐈𝐧𝐭𝐞𝐥𝐥𝐞𝐜𝐭𝐮𝐚𝐥 𝐏𝐫𝐨𝐩𝐞𝐫𝐭.....

22/08/2026

REGISTERED TRADEMARKS ON SALE
* Takidcure
* Taprocure
* Tatumor
All are Registered in Class 05 for "Pharmaceuticals and Medicinal Products". Anyone if interested in these Registered Trademarks should write to Etumon at [email protected] for an outright Assignment of Trade Marks.