trademark 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…

Read More

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 The Trade Marks Act, 1999, which has repealed the Trade & Merchandise Marks Act, 1958, retains the amalgam of the civil and…

Read More

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…

Read More

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…

Read More

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,…

Read More

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”…

Read More

Existing Registered Trademark – Trademark Registration in Tirupur

Existing registered trade mark –  Trademark Registration in Tirupur This sub-section defines the expression “existing registered trademark” to mean a trademark registered under the Trade and Merchandise Marks Act 1958 immediately before the commencement of the new Act. Definitions in the Rules The Trade Marks Rules, 2017, which came into force on 6th March, 2017 have replaced the earlier Trade Marks Rules, 2002, are framed under the Trade Marks Act 1999 (47 of 1999). Rule 2(1) contains definitions of various expressions…

Read More

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…

Read More

Evidence in Opposition Process  – Trademark Registration in Tirupur

Evidence in Opposition Process  – Trademark Registration in Tirupur Section 21(4) provides that “any evidence upon which the opponent or the applicant may rely shall be submitted in the prescribed manner and within the prescribed time to the Registrar, and the Registrar shall give an opportunity to them to be heard if they so desire”. The rules framed under this Act provide the procedure for filing evidence in support of opposition, evidence in support of application and evidence in reply…

Read More

Appointment of Registrar and other officers of Trademark Registration Process

Appointment of Registrar and other officers – Trademarks Act, 1999 This clause corresponds to section 4 of the Trade and Merchandise Marks Act, 1958 and provides for appointment of the Registrar and other officers. Comments This section corresponds to section 4 of the Trade and Merchandise Marks Act, 1958. The section provides for appointment of a person designated as the Controller General of Patents, Designs and Trademarks, who is to be the Registrar of Trademarks for the purposes of this…

Read More