Evidence in Opposition Process  – Trademark Registration in Tirupur

Evidence in Opposition Process  – Trademark Registration in Tirupur Section 21(4) provides that “any evidence upon which the opponent or the applicant may rely shall be submitted in the prescribed manner and within the prescribed time to the Registrar, and the Registrar shall give an opportunity to them to be heard if they so desire”. The rules framed under this Act provide the procedure for filing evidence in support of opposition, evidence in support of application and evidence in reply…

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Letter Marks and Monograms – Trademark Registration in Tirupur

Letter marks and Monograms “Mark” is defined to include letters and numerals. However they notoriously lack inherent distinctiveness on account of common and natural practice of firms and persons to use their initials on goods, letter paper and so forth, or to use them as symbols indicative of quality or of other characteristics. Instead of depicting two or more letters separately as letters, per se, the letters could be intertwined or interwoven into a single device, formed into a monogram.…

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Marks with International Reputation – Trademark Registration in Cochin

Marks with international reputation – special consideration In the case of marks which have a acquired international reputation, an action for its protection against unauthorized use will lie even if the owner of the trade mark does not have any business activity in India. Reputation of a product may precede its introduction and may exist without trade in such product in the country. Where two products in question were pharmaceutical preparations with deceptive similarity and the foreign manufacturer company choose…

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Power of Registrar to cancel registration as registered user

Power of Registrar to cancel registration as registered user Trademark is not just a word it’s a right of the trademark owner. Trademark is an exclusive right of your own brand name which may be a mark, logo, word, sign or design which is recognized by the Trademark Registry. The Registered Trademark Agent can only apply your trademark. A trademark agent has mandatory responsibilities to guide the clients and literate the every nook and corner of Trademark Registration.  The Registrar…

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Appointment of Registrar and other officers of Trademark Registration Process

Appointment of Registrar and other officers – Trademarks Act, 1999 This clause corresponds to section 4 of the Trade and Merchandise Marks Act, 1958 and provides for appointment of the Registrar and other officers. Comments This section corresponds to section 4 of the Trade and Merchandise Marks Act, 1958. The section provides for appointment of a person designated as the Controller General of Patents, Designs and Trademarks, who is to be the Registrar of Trademarks for the purposes of this…

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Copyrights and trademark registration in India

Copyrights and trademark registration – effect: The comparative scopes of a copyrights and trademark registration are different, even though where a design on a wrapper is registered under the copyrights act, there is, to an extent, an overlapping between the two remedies. Some controversy is no doubt possible if the mere jurisdiction of the court to entertain an action for infringements of copyrights would also give the court the necessary jurisdiction to deal with the corresponding infringement of trademark, where…

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Refusal of registration- Relative grounds – Trademark registration

Refusal of registration- relative grounds- trademark registration in Cochin: As under the section 12, a trademark would not be registered if, because Its identity with the earlier trade mark and the similarity of goods or services which are covered by the trademark; or It is very similar to the earlier trademark and the similarity or identity of the goods or services which are covered by the trademark, There exists a likelihood of confusion on the part of public, which may…

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Effect of Registration of the parts of the Trademark – Trademark Registration

Effect of Registration of the parts of the Trademark This article which deals with the effect of registration of parts of a mark seeks to omit the provision relating to requirement of disclaimer and to explicitly state the general proposition that the registration of a trademark confers exclusive right to the use of the trademark taken as a whole and not separately to each of its constituent parts, if any. Comments The provision in section 17 is new and states…

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Introduction to Copyright Registration – Trademark Registration in Cochin

Introduction to Copyright Registration – Trademark registration in Cochin Copyright it is a form of intellectual property. With advancement in technology it is very easy to copy. The basic test in actions based on the infringement of the copyright is that if a thing fetches a price, it can always be copied and therefore, it needs adequate protection. It is well settled that although under the Copyright Act, 1957, there is a provision of registration, under Section 44 of the…

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International applications originating from India – Trademark Registration

International applications originating from India: Here, we are discussing about the international trademark applications which are originating from India and as well as the corresponding provision which is need to be fulfilled this process. Where an application for the registration of a trademark has been made under section 18 or a trademark has been registered under section 23, the applicant or the registered proprietor may make a trademark application on the form prescribed by the common regulations for international registration…

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