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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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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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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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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Steps for the protection of Intellectual Property Rights

Protection of Intellectual Property Rights India develops and encourages more entrepreneurship and innovation. By en routing the nation to the entrepreneurial ventures drive innovations and a massive growth, this can be accomplished by introducing and encouraging the creativity of new products, business models and solutions. With the support of policy makers and the aspirations towards business lead the country enter into a new venture across the industries. Startups are becoming more nowadays and we can see that in every corner…

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Protection of trademarks through international registration under the madrid protocol

Special provisions relating to protection of trademarks through international registration under the Madrid protocol Application in relation to contracting state or a contracting organisation means an application made by a person who is a citizen of, or is domiciled in, or has a real and effective industrial or commercial establishment in, that contracting state or a state which is a member of that contracting organisation, as the case may be. Explanation: For the purposes of this clause, “real and effective…

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Trademarks and honest concurrent use – Trademark Registration in Coimbatore

There operate many unregistered trademarks in small pockets in various markets within India as the registration of a mark is not mandatory. There is lack of information about the operations of unregistered trademarks prevalent in India. The information of trademarks protected in foreign countries is also not easily available within India. A small trader may have honestly selected or coined a trademark and used it in the local or regional market without any knowledge of its use in a foreign…

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