Infringement of Registered Geographical Indications in India

Infringement of Registered Geographical Indications This section lays down the law relating to infringement of registered Geographical indications. The expressions “registered” and “Geographical Indication” are defined respectively in section 2 (1)(m) and 2(1)(e) of the Act. Circumstances when a GI is infringed   A registered Geographical Indication is infringed by a person who, not being the registered proprietor or authorized user, uses such indication on the goods or suggests that such goods originate in some other geographical area other than…

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Effect of International Registration – Trademark registration in Cochin

Trademark registration in Cochin – Effect of International Registration is what we are going to be discussed here. International Registration Where the international Bureau finds that the international application meets the applicable requirements, it registers the mark in the international register. Thereafter, it notifies the offices of the designated Contracting parties of the international trademark registration, informs the office of the origin and sends a certificate to the holder. The registration certificate will be sent to the holder through the office of…

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Opposition to trademark – Trademark Registration in Cochin

Opposition to registration: –trademark registration The registrar may serve a copy of the notice on the applicant for registration and within the time period of 2 months from the receipt by the applicant of such copy of the notice of opposition, the applicant would have sent to the registrar in the prescribed manner, a counter-statement of the grounds on which it relies on the application and if he does not do so, he may deem to have abandoned this application.…

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Who may make an application for removal? – Trademark Removal

Who may make an application for removal – “person aggrieved”: An application for removal of a registered trademark is to be made in the prescribed manner by any “Person aggrieved”. The term “person aggrieved”, though not defined in the act, has been liberally construed in several cases. The classic case in this respect is Powell’s TM where it was held that ‘I should be very unwilling unduly to limit the construction to be placed upon these words; because although they…

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Correction and amendment – Trademark Registration in Coimbatore

Correction and amendment – Trademark Registration in Coimbatore: The registrar may think at any time with such terms, whether before or after the acceptance of an application for the registration as per the section 18, which permits the correction of any error in or having a connection with the application or permit the amendment of an application: Provided that if an amendment is made to a single application referred to in sub-section(2) of section 18 involving the decision of such…

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Selection and the protection of a trademark – Trademark Registration

Selection and protection of a trademark – Trademark Registration in Coimbatore:     Definition of trademark: The new definition of the expression “trademark” is – It means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include a shape of goods, their packaging, and a combination of colors. The expression trademark is used to refer to marks used in relation to goods or…

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International applications originating from India – Trademark Registration

International applications originating from India: 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 an international application on the form prescribed by the common regulations for international registration of the trademark. A person who holds an international registration would make an international application on the form that is been prescribed by the common regulations for extension of…

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Correction and Amendment in a trademark

Correction and amendment: The registrar on such terms as he thinks at any time, whether before or after the acceptance of an application for registration as under the section 11, correction of any error will be permitted or in connection with the application or permit the amendment of the application: If an amendment is made to a single application which has been referred in sub-section (3) of section 11 involving the division of such application into two or more applications,…

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Common trademark issues that a business needs to know

Common trademark issues- what your business wants to know? Branding a business through a trademark is one of the common business techniques with a proven effectiveness. Every business or company in India has its trademark serving as the differentiating factor between the brands. This is the identity of our brand and encompasses all the aspects of your business. This is a strategy which ensures the brand’s protection. It is very important to take certain trademark issues into consideration before finalizing…

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Use of trademarks and registered users – trademark consultants in cbe

Use of trademarks and registered users: Proposed use of trademarks by company to be formed, etc. – No application for the registration of a trademark in respect of any goods or services shall be refused not shall permission for such registration be withheld, on the ground only that it appears that the applicant does not use or propose to use the trademark if the registrar is satisfied that- A company is about to be formed and registered under the companies…

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