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Joint Venture Agreement – Trademark Registration in Cochin

Joint Venture Agreement  Trademark is nothing but the unique identification of your brand name. Brand name provides you a unique identify among your rivals. The Trademarks Act, 1999 mentions the joint venture agreement in Trademark registration process. Order 39 of Rule 1&2 mentions the joint venture agreement. Joint venture agreement is nothing but an agreement between two parties to use their product resources to performing specific tasks to improve their brand identity. The plaintiff is giving permission to use the…

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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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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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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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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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Trademark Agent – Trademark Registration in Tirupur

A Trademark agent or a trademark attorney has considered to be an individual who are qualified under the Trademarks Act, 1999 and Trademarks Rules, 2002. The registered trademark attorney or trademark agent offers plenty of valuable advises and direct that is related to all legal aspects of fling trademark application, opposition, granting application, and trademark search and objection proceedings. The trademark agent need to be qualified the examination which conducted by the trademarks Registry. Anyone can be a trademark agent,…

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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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