Trademark Search – Trademark registration in Cochin

Trademark Search  Trademark is a unique identification of your brand name when you doing business in the startup level. It may be a word mark, slogan, logo, or a device mark (combination of word mark and a logo), symbol, sound or smell mark and color. The first and foremost thing in the trademark registration is Trademark search. Why because, a trademark must be a unique one and it doesn’t match the existing trademark both visually and phonetically from others. The…

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Copyright Infringement – Trademark Registration in Cochin

Copyright Infringement In the instant ease, the Plaintiff has already filed an application /complaint 19) under Section 31(1)(b) of the Act and thus, invoked the jurisdiction of the Board for grant of compulsory license. No doubt, the said application is pending may be for the last more than two years. However, it is the exclusive jurisdiction of the Board to grant such a license, It is well settled, unless such a license is granted, the Plaintiff has no right to…

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Get-up and Trade dress – Trademark Registration in Tirupur

What is get-up and trade dress The get-up of goods comprises the size and shape of the package or container, labels and wrappers, the dress in which the goods are offered to the public, or the style of writing. It includes the color or colors of the label, its decoration, and the manner of arrangement of the various features in the label. The get-up of an article means a capricious addition to the article itself, the color, or shape; it…

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Trademark Infringement – Trademark Registration in Tirupur

Trademark Infringement proceedings : Action for infringement (1) An infringement of a registered trademark is actionable by the proprietor of the trade mark. (2) In an action for infringement all such relief by way of damages, injunctions, accounts or otherwise is available to him as is available in respect of the infringement of any other property right. Order for erasure, &c of offending sign. (1) Where a person is found to have infringed a registered trademark, the court may make an…

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Rectification of Registered Geographical Indication

Power to rectify or vary registration Section 27 of the Trademarks Act, 1999 describes rectification and correction in the Register of Geographical indications. The registrar and Appellate Board has concurrent jurisdiction to entertain applications from person aggrieved for rectification, cancellation or varying registration of a geographical indication or authorized user on the basis of any contravention or absence to observe the condition entered on the register. The registrar or the Appellate Board has also jurisdiction to entertain application for rectification…

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Trademark Agent – Trademark Registration in Tirupur

A Trademark agent or a trademark attorney has considered to be an individual who are qualified under the Trademarks Act, 1999 and Trademarks Rules, 2002. The registered trademark attorney or trademark agent offers plenty of valuable advises and direct that is related to all legal aspects of fling trademark application, opposition, granting application, and trademark search and objection proceedings. The trademark agent need to be qualified the examination which conducted by the trademarks Registry. Anyone can be a trademark agent,…

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Procedure for Trademark Registration in Tirupur

A trademark is a distinctive mark or identifier used by an individual or an organization which is mainly used for easily indicating products of one trader from those of another. Shortly, a trademark is a safeguard of the trader. Trademark Registration is not a mandatory in India but it is highly advisable. Why because, you get an exclusive rights on your brand name after registration. A trademark is incorporeal asset and it is a safeguard of the goodwill of your…

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Protection of Trademarks – Trademark Registration in Tirupur

Protection of Trademarks – Trademark Registration in Tirupur Comments.-The Trade and Merchandise Marks Act, 1958, when enacted, combined the civil and criminal law relating to trademarks and trade descriptions, by amending the relevant sections in Chapter 18 of the Indian Penal Code, the Code of Civil Procedure, 1898, the Sea Customs Act, 1878 and the Specific Relief Act, 1877. The Trade Marks Act, 1999, which has repealed the Trade & Merchandise Marks Act, 1958, retains the amalgam of the civil and…

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Alteration and Correction of Register of Trademarks

Alteration and correction of Register Here, we are going to discuss about the rectification of trademarks. Rectification in the sense, correction and alteration in the Trademark register, where the registered trademarks are placed. Mistake is common in human era. So, the Trademarks Act 1999, provides the alteration and correction option in its laws. Section 58(1) providers for correction of errors and certain kinds of alteration of entries on application made by the registered proprietor. The Registrar may make consequential amendment…

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Registration of Parts of Trademarks – Trademark Registration in Cochin

Trade Marks Act, 1999 Notes on Clauses.-This clause provides for registration of parts of trademarks and of trademarks as a series subject to certain conditions enumerated therein. This corresponds to section 15 of the existing Act, except consequential amendments to cover services. Comments-This section provides for registration of parts of a trademark label and also trademarks as a series. This provision corresponds to section 15 of the 1958 Act. Where a trademark applied for registration consists of more than one…

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