Archive

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 The Trade Marks Act, 1999, which has repealed the Trade & Merchandise Marks Act, 1958, retains the amalgam of the civil and…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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Trademark registration as registered user – Trademark registration in Tirupur

Trademark registration as registered user – Trademark registration in Tirupur Notes on Clauses -This clause provides for trademark registration as registered user and largely corresponds to the existing sections 49 and 52. The clause sets out the procedure for making application and such registration, on completion of which the Registrar may register the proposed user for the goods or services for which he is satisfied. Licensing of trade mark is recognized universally as an important industrial property right and as…

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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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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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Registrability of trademarks – Trademark Registration in Tirupur

Registrability of Trademarks -Legislative Approach The legislative intent regarding registrability of marks is to be gathered from the combined reading of the preamble, definition of “trademark”, “mark” and sections 9, 11, 12, 13 and 14. The definitions of “mark” and “trademark” are quite comprehensive. To constitute a trademark, it should be both- a mark capable of being represented graphically; and capable of distinguishing the goods or services of one person from those of others. The definitions of “mark” and “trademark”…

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