brand registration

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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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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Hearing in Trademark Opposition – Trademark Registration in Tirupur

Introduction to Hearing Section 21(5) requires the Registrar to afford an opportunity of a hearing to the parties before deciding the opposition. Section 131(2), however, makes it clear that the Registrar is not required to hear the parties before disposing off an application for extension of time, and no appeal shall lie from any order of the Registrar under this Section. After hearing the parties and considering the evidences the registrar is required to decide whether the trademark registration is…

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Position of Trademark Agent in India – Trademark Registration in Cochin

Comparative Reference This Section corresponds to Section 122 of the Trade and Merchandise Marks Act, 1958 which specifies the position of the Trademark Agent. Definition of Trademark Agent The process of getting your trademark registered is now available online as well as the physical form. This process initially comes across to be fairly simple, something that a common man can felt difficult while receiving objections from the Trademarks Registry and Opposition from the opponent. For clear this above kind of…

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Will The Comparative Advertisement Helps to Influence The Product?

Infringement and passing off through advertisements: “Comparative advertisement” which discredits or denigrates the trademark or trade name of the competitor cannot be permitted. Indian attorneys and courts shall be called upon to determine the rules on advertising and comparative advertising which is catching on in India. Certain observations of advertisement by Indian Courts: Advertisement is a step in the process of infringement to solicit customers in the name of the impugned trademark and the advertisement is calculated to induce people…

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Good will of the trademark and the best value test need to be known

Trademark – “A valuable Asset “: Two most valuable assets of an enterprise are its “trademark and Workforce”, both of which do not appear in the balance sheet. The trademark assists the enterprise in creating, maintaining and developing its markets. What is Best Value Test? A customer buys the brand or the product which, in his view, provides the best value at the time of the purchase. It is a successful trademark which must pass the best value test and…

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