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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 The Trade Marks Act, 1999, which has repealed the Trade & Merchandise Marks Act, 1958, retains the amalgam of the civil and…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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Assignability and Transmissibility of Trademark Registration in Tirupur

Trade Marks Act, 1999 Notes on Clauses – This clause deals with the assignability and transmissibility of a registered trademark whether with or without goodwill of the business either in respect of all goods or services or part thereof. This corresponds to section 37 of the existing Act. The only change which is consequential is in relation to the provision for registration of trademark for services. Comments  – This section corresponds to section 37 of the earlier Act of 1958 and…

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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…

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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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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…

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