Archive

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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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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Penalty for Applying False Trademark – Trademark Registration in Cochin

Penalty for Applying False Trademark – Trademark Registration in Cochin This Article provides penalty for applying false trademark, trade description, etc. This Article corresponds to section 78 of the existing Act but removes the distinction between offences in relation to “drugs” or “food” on the one hand and other categories of goods on the other and seeks to enhance the punishment uniformly irrespective of the nature of the goods. As in many cases, a trademark label is registered separately as…

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Trademark Renewal Procedures – Trademark Registration in Cochin

We are going to see the trademark renewal and its procedures with a clear-cut explanation.Keep your eye on this article to know some useful things if you have already registered a trademark or newly going to register the mark. India is growing leaps and bounds as a destination for commerce, with that, the demand for trademark registration is also growing. Trademarks also have to be renewed for every 10 years. We are going to see an even bigger jump in…

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Rights conferred by registration of a geographical indication

Rights Conferred by registration This section sets out the rights conferred by registration of a geographical indication. Once registered, a geographical indication shall, if valid give both to the registered proprietor and all authorized users whose names have been entered in Part a and Part B of the register, the right to obtain relief in respect of infringement of the Geographical Indication in the manner provided in the Act. However, the authorized users alone will have the exclusive right to…

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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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Evidence and witness in trademark -Trademark registration in Cochin

Evidence and witness in a trademark are what we are going to be discuss in this article. I hope all you know what is trademark and its characteristics through the previous articles. From this Article you get a clear idea about evidence and witness in trademark registration process and the corresponding sections of the Trademarks Act, 1999. Types of witnesses: The customer who is a witness must be one who holds the plaintiff’s goods by reason of their distinguishing characteristics.…

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