The Indian IPO has issued a public notice for abandonment of approximately 1,90,000 trademark applications in respect of which no response to Examination Report has been filed.
The CGPDTM has issued a notification on disposal of opposition matters and provided an opportunity to the Applicant/ Applicant’s agent to put documents on record to prove the filing of counter statements within the prescribed time.
The Government of Mauritius has deposited its instrument of accession to the Madrid Protocol with WIPO Director General on February 06, 2023 thus becoming the 114th member of the Madrid System.
With an intention to regularize and streamline the revenue generated from the ever increasing E-Gaming industry, the Union Minister of Finance Mrs. Nirmala Smitherman in annual Budget speech of 2023 has provided a much needed clarity relating to taxability of winnings from online gaming.
The Ministry of Consumer Affairs, Food and Public Distribution, vide its Notification dated has now further extended the date of enforcement of the Amended Rules to April 01, 2023. The Amended Rules bring about substantial changes with respect to pre-packaged commodities.
Public Notice on Abandonment of Trademarks- India
By Bhanu Dhingra and Prabhjot Kaur
The Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), Mumbai has issued a Public Notice dated February 06, 2023, which was published in the Trade Marks Journal No. 2090[6].
The said Notice states that, applications in which oppositions have been filed and notice of oppositions have also been served by the Trade Marks Registry (TMR) to the Applicant and, no counter statement is received within the prescribed time in respect of the opposition filed and in support of the application as prescribed by the Act and Rules, the same shall be ‘deemed to have abandoned’ as per the provision of Section 21(2) of the Trade Marks Act. However, before treating the said application as ‘deemed to have abandoned’, and in compliance of the Trade Marks Act and Rules and to further ensure proper notice to the affected party, TMR has published a list of such applications for public view.
Further, TMR has given an opportunity to the Applicant/ Applicant’s agent who has duly filed the counter statement in the application numbers provided in the notice, to put on record if they have duly filed the counter statement within the prescribed time alongwith documentary proof within 30 days, by an email to the TMR on mumopp.tmr@nic.in so that after due verification the application is processed as per the Act and Rules.
The email is to be sent with the subject line “Reply/ Grievance in response to Public Notice dated February 06, 2023, for Application No.____/ Opposition No.____” along with the supporting documents including the acknowledgment of the submission in the form of CBR (Cash Book Receipt). The rest of the applications wherein no reply/ grievance is received will be treated as ‘deemed to have abandoned’ as per law and their status shall be updated accordingly on the Registry’s website.
[6] https://search.ipindia.gov.in/IPOJournal/Journal/ViewJournal
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Public notice on Disposal of trademark opposition matters
By Ananyaa Banerjee and Sandhya Parimala
The Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), Mumbai has issued a Public Notice dated February 06, 2023, which was published in the Trade Marks Journal No. 2090[7].
The said Notice states that applications in which trademark opposition have been filed and notice of oppositions have also been served by the Trade Marks Registry (TMR) to the Applicant and, no counter statement is received within the prescribed time in respect of the trademark opposition filed and in support of the application as prescribed by the Act and Rules, the same shall be ‘deemed to have abandoned’ as per the provision of Section 21(2) of the Trade Marks Act. However, before treating the said application as ‘deemed to have abandoned’, and in compliance with the Trade Marks Act and Rules and to further ensure proper notice to the affected party, TMR has published a list of such applications for public view.
Further, TMR has given an opportunity to the Applicant/ Applicant’s agent who has duly filed the counter statement in the application numbers provided in the notice, to put on record if they have duly filed the counter statement within the prescribed time alongwith documentary proof within 30 days, by an email to the TMR on mumopp.tmr@nic.in so that after due verification the application is processed as per the Act and Rules.
The email is to be sent with the subject line “Reply/ Grievance in response to Public Notice dated February 06, 2023, for Application No.____/ Opposition No.____” along with the supporting documents including the acknowledgment of the submission in the form of CBR (Cash Book Receipt). The rest of the applications wherein no reply/ grievance is received will be treated as ‘deemed to have abandoned’ as per law and their status shall be updated accordingly on the Registry’s website.
[7] Public Notice for TM Journal Number 2090
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MAURITIUS – New Country to Join the Madrid System
By Arpit Kalra and Abhishek Chandok
The Madrid System, a convenient and cost-effective solution for registering and managing trademarks worldwide, welcomes a new participant to its list of signatory countries. The Government of Mauritius has deposited its instrument of accession to the Madrid Protocol with WIPO Director General on February 06, 2023 thus becoming the 114th member of the Madrid System. The Madrid System now covers a total of 130 countries through 114 member IP offices.
The Madrid Protocol will enter into force in Mauritius on May 06, 2023 after which
- Business owners having their address in Mauritius will be able to seek the protection of their trademarks in any of the 129 countries covered under Madrid System;
- New Applicants under the Madrid System will be able to designate Mauritius when filing their new international applications; and
- Existing Applicants of International Registrations will be able to expand geographical protection of their existing registration by subsequently designating their applications in Mauritius and obtaining protection of their marks.
The fee for designating application in Mauritius and other related information is yet to be released by the WIPO.
The Madrid Protocol is bringing the world closer together with respect to the trade opportunities and in the expansion of IP related co-operation between countries. Mauritius adoption of the Madrid Protocol, will not just help the big brand owners in Mauritius to take their brands to other member countries but also the local business owners like SME’s and entrepreneurs will benefit from the simple registration process of the Madrid Protocol. The local business owners in Mauritius could seek protection of their trademark in the 129 territories of the system’s other 113 members through a single application filed with Mauritius IP Office and payment of a single set of fees. This will help them significantly reducing the costs and efforts during their expansion in other 113 countries.
For more information of filing and prosecuting trademarks in Mauritius, please feel free to contact us at info@ssrana.com
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Vibhukant Chauhan, Associate at S.S. Rana & Co. has assisted in the research of this Article.
New TDS Norms on E-Gaming Bounty- Budget
By Rupin Chopra
E-Gaming or Online Gaming Market in India
E-gaming in India has experienced a phase of meteoric growth in recent years fueled by a young and tech-savvy population, advent of skill based games and last but not the least easy access to high-speed data through the length and breadth of India.
In a country of cricket lovers, coming of cricket based fantasy sports games gave a fillip to the already burgeoning phenomenon of online gaming. As per FICCI[8], the market valuation of the fantasy sports genre of online gaming is slated to reach an astounding $3.4 billion by 2024.
Budget Announcements
With an intention to regularize and streamline the revenue generated from this growing industry the Union Minister of Finance Mrs. Nirmala Smitherman in her 5th consecutive annual Budget speech[9] for the fiscal year starting in April 2023 provided a much needed clarity relating to taxability of winnings from online gaming.
During her 2023 budgetary address the Hon’ble Minister proposed a 30% tax on net winnings from online gaming at the time of withdrawal of such winnings by the player or at the end of the financial year along with the removal of Rs. 10,000/- threshold for levying tax deducted at source (TDS) on winnings accrued to players under section 194B[10] of the Income Tax Act, 1961 (Act).
For effecting the aforesaid, the budget added section 115BBJ[11] to the Act which now defines the terms “computer resource”, “Internet” and “online games” and excluded[12] winnings from online gaming from the ambit of section 115BB. The new norms will be applicable from April 1, 2024.
Scenario before the 2023 Budget
Income from winnings of real money from online games was taxable under the head “Income from other sources” under section 115BB[13] of the Act. Unlike income of professional streamers, no deductions are allowed, and tax is chargeable at a flat rate of 30% + applicable cess and surcharge (irrespective of the quantum of winnings) on the gross winning amount credited to the player’s account.
Before the latest proposal the online gaming community enjoyed a threshold of Rs. 10,000/-, beyond which TDS was levied. As per media reports[14] the major players in the industry had requested the Finance Ministry to keep the Rs. 10,000/- threshold limit but to their detriment the said limit was done away with. It was observed[15] that some gaming companies were tweaking/modifying the payout into installments or giving vouchers along with money prizes to circumvent the aforesaid threshold.
Conclusion
The online gaming industry is on its way to reach new heights in terms of market value and user engagement. With Indian player community standing at the cusp of massive online tournaments and engaging further more via Metaverse based games, a robust tax regime is a first step to ensure that the industry is regularized and does not become a source for unaccounted capital in the market.
Last but not the least, a government sanctioned holistic framework for consumer protection and dispute resolution process for those who face the instance of cheating or other unfair trade practices while partaking in gaming tournaments will be a great step in furtherance of public interest.
Shantam Sharma, Intern at S.S. Rana & Co. has assisted in the research of this article.
[7] Available at: https://ficci.in/public/api/press_release_details/4702
[8] Available at: https://www.indiabudget.gov.in/doc/budget_speech.pdf
[9] Available at: https://dor.gov.in/sites/default/files/IT%20Act%20%28English%29_0.pdf
[10] Available at: https://incometaxindia.gov.in/news/finance-bill-2023-highlights.pdf
[11] ibid
[6] Available at: https://incometaxindia.gov.in/Acts/Finance%20Acts/1986/102120000000036289.htm#:~:text=(ii)%20the%20amount%20of%20income,meaning%20as%20in%20section%2074A.
[12] Available at: https://www.financialexpress.com/economy/budget-to-bring-stricter-tds-norms-for-online-gaming-income/2923736/
[13] ibid
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Legal Metrology (Packaged Commodities) Amendment Rules, 2022 w.e.f. April 01, 2023
By Apalka Bareja and Vidhi Oberoi
The Ministry of Consumer Affairs, Food and Public Distribution vide its notification dated November 02, 2021[15] had notified the Legal Metrology (Packaged Commodities) Amendment Rules, 2021 as per which the following amendments were introduced and were to come in force from April 01,2022–
- Packaged grouped together for retail sales must comply with each mandatory declarations.
- The unit price is to be declared on package along with the MRP in Indian Rupees.
- Format prescribing the manner in which Unit price is to be declared on every package.
However, the aforementioned department vide its notification dated March 28, 2022[16] further amended the Legal Metrology (Packed Commodities) Rules, 2021. The said rules were to come into force on October 01, 2022 as per which the following amendments were to be effective-[17]
- The unit sale price in rupees, rounded off to the nearest two decimal place, shall be declared on every pre-packaged commodities as follows:
i) per gram where net quantity is less than one kilogram and per kilogram where net quantity is more than one kilogram;
ii) per centimeter where net length is less than one metre and per metre where net length is more than one metre;
iii) per mililitre where net volume is less than one litre and per litre where net volume is more than one litre;
iv) per number or unit if any item is sold by number or unit:
- Provided that for packages containing alcoholic beverages or spirituous liquor, the State Excise Laws and the rules made thereunder shall be applicable within the State in which it is manufactured.
- Provided further that declaration of unit sale price is not required for the pre-packaged commodities in which retail sale price is equal to the unit sale price.
- The Second Schedule which specifies the quantities of commodities by weigh, measure or number has been omitted.
- No prosecution will be initiated against the manufacturer or packer or importer of pre-packaged commodities for making declaration with effect from April 01, 2022 in accordance with Legal Metrology (Packaged Commodities) Rules, 2021.
Current Scenario
The Ministry of Consumer Affairs, Food and Public Distribution, vide its Notification dated September 30, 2022 extended the date for aforementioned amendment to December 01, 2022,[18] which is now further extended to April 01, 2023, vide its notification dated January 27, 2023 The said Amendment states “The said rule further amends Rule 1, sub-rule (2), for the figures, letter and words- 1st day of February, 2023 and substitutes the same with 1st day of April, 2023.”[19]
The aforementioned thus implies that the amendments as prescribed in the Legal Metrology (Packaged Commodities) Rules, 2022 shall be effective from April 01, 2023.
Rahul Verma, Intern at S.S. Rana & Co. has assisted in the research of this article.
[15] https://ssrana.in/articles/centre-amends-legal-metrology-rules/
[17] For more information kindly refer to- https://consumeraffairs.nic.in/sites/default/files/uploads/legal-metrology-acts-rules/GSR226.pdf
[18] For More Information kindly refer to- https://consumeraffairs.nic.in/sites/default/files/uploads/legal-metrology-acts-rules/PCR.pdf