trademark registration

Madrid System of International trademark registration in India

Madrid System of International trademark registration in India – Who can use the Madrid system? The application for securing international registration under the Madrid Protocol can be made by- A citizen or legal entity of one of the protocol member countries; or Who id domiciled in one of the Protocol member countries; or Who has a real and effective industrial or commercial establishment in one of the protocol member countries which is mentioned in Article 2(1)(1). The term ‘real and…

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Selection and the protection of a trademark – Trademark Registration

Selection and protection of a trademark – Trademark Registration in Cochin 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 selection of expression trademark is used to refer to marks used in relation to goods or…

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Cancellation of Registration of Registered User of Trademark

Cancellation of Registration of Registered User of Trademark This Article deals with the power of Registrar to vary or cancel registration as registered user. Registration of registered user may be varied or cancelled , on the ground that the registered user has used the trademark not in accordance with the agreement or the proprietor  or user has failed to disclose any material facts for such trademark registration or that the stipulation in the agreement regarding the quality of goods is…

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Restriction on Assignments or transmissions of trademark in India

Restriction on Assignments or transmissions of trademark in India This clause contains restriction on assignments or transmissions of trademark where multiple exclusive rights would be created in more than one person, which would be likely to deceive or cause confusion. Like, such assignment is not suitable to be invalid, if having reference to the limitations imposed, the goods are to be sold in different markets – either within India or for exports. The provisions also apply to services. Sub-clause (2)…

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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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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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