trademark registration

Conditions for Trademarks Registration in Cochin

Registrar of Trademarks The central Government may appoint a person for the designation of Controller General of Patents, Designs, and Trademark as per the notification in the Official Gazette. The appointed person is the Registrar of Trademarks for registration of trademarks.  The Central Government may appoint such officers with such designation as it thinks fit for the purpose of discharging, under the superintendence and director of the Registrar, such functions of the Registrar under this Act as he may from…

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Marks with International Reputation – Trademark Registration in Cochin

Marks with international reputation – special consideration In the case of marks which have a acquired international reputation, an action for its protection against unauthorized use will lie even if the owner of the trade mark does not have any business activity in India. Reputation of a product may precede its introduction and may exist without trade in such product in the country. Where two products in question were pharmaceutical preparations with deceptive similarity and the foreign manufacturer company choose…

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Function of a Trademark – Trademark Registration in Cochin

Introduction to Trademark Trademark is defined as 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 shape of goods, their packaging and combination of colors; graphically represented means represent a mark in a paper format. Also, it gives the exclusive right to the person who uses as his brand name. It will stop the third party’s illegal usage. Usually, the trademark indicates…

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Essential Requirements for Trademark Registration in Cochin

Introduction The Trade and Merchandise Marks Act, 1958 has a scheme of essential requirements for the registrability of a trademark. This act contains different strategies in it. But this Act was amended in 1999 as Trademarks Act, 1999 which has completely different from previous act. Section 9 of Trade and Merchandise Marks Act, 1958 provides certain categories of marks which were registrable and any other categories of marks were registrable if it was distinctive. The registrable marks were enumerated. The…

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Certification of trademark – Trademark Registration in Cochin

To become a legal owner of your brand  name, you will go for the Trademark Registration. Trademark Registration is a process of registering your brand name in Trademark registry, to get an exclusive rights on your brand name. From, this registration you can stop the third party’s illegal usage of your brand name. Build your brand before your business with Solubilis.  Certification of trademark means a mark adapted in relation to any goods to distinguish, in the course of trade,…

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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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