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,…

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Common trademark issues that a business needs to know

Common trademark issues- what your business wants to know? Branding a business through a trademark is one of the common business techniques with a proven effectiveness. Every business or company in India has its trademark serving as the differentiating factor between the brands. This is the identity of our brand and encompasses all the aspects of your business. This is a strategy which ensures the brand’s protection. It is very important to take certain trademark issues into consideration before finalizing…

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Use of trademarks and registered users – trademark consultants in cbe

Use of trademarks and registered users: Proposed use of trademarks by company to be formed, etc. – No application for the registration of a trademark in respect of any goods or services shall be refused not shall permission for such registration be withheld, on the ground only that it appears that the applicant does not use or propose to use the trademark if the registrar is satisfied that- A company is about to be formed and registered under the companies…

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International registration of trademarks under the Madrid Protocol

Provisions relates to the trademarks through an international registration under the Madrid protocol: 36 A: Application of act in case of international registration which is under the Madrid protocol. The provisions may apply to international applications and registrations under the Madrid protocol. 36 B: Definition: Application which in relation to the contracting state or organisation means an application that is made by a person who is a citizen of or domiciled in or has a real and an effective commercial…

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Permanent injunction of a trademark with real time examples

Permanent injunction: Order 39 rule 1&2 – permanent injunction – when the court of first instance exercise its discretion in order to grant or refuse to grant the relief of temporary injunction and the said exercise if it based on objective consideration of the materials placed before the court and it can be supported by cogent reasons, the appellant court will not interfere because it’s a de nova consideration of a matter. It is possible for the appellant court in…

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Ad-interim injunction – Trademark Registration in Coimbatore

Ad interim injunction – Trademark registration in Coimbatore: Here, we are going to see the interim injunction in detail with some real time examples to make you understand clearly. Order 39 rule 1&2: Order 39 rule 1 and 2 – ad interim injunction restraining the defendant from manufacturing, selling, marketing, advertising or in any manner whatsoever using the trademarks ‘SUPER BRIGHT’, ‘SUPER BRIGHT EL’, ‘SUPER BRIGHT EL-C’, ‘SUPER BRIGHT EL-81’, SUPER BRIGHT HD ULTRA’ and ‘SUPER BRIGHT bleach’ or any…

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Procedure to be followed by the registrar – Trademark Registration in Cbe

Procedure to be followed by the registrar:- Trademark registration in Coimbatore The procedure to be followed by the registrar is set out in rules 37 and 38. Irrespective of whether an application is for registration of the mark in part A or part B of the register, the tribunal has to consider the extent to which a trademark is inherently distinctive or is inherently capable of distinguishing the goods of the applicant; and the extent to which the trademark is,…

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Refusal of registration- Relative grounds – Trademark registration

Refusal of registration- relative grounds- trademark registration in Coimbatore: As under the section 12, a trademark would not be registered if, because Its identity with the earlier trade mark and the similarity of goods or services which are covered by the trademark; or It is very similar to the earlier trademark and the similarity or identity of the goods or services which are covered by the trademark, There exists a likelihood of confusion on the part of public, which may…

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Evidence and witness in trademark -Trademark registration in coimbatore

Evidence and witness in a trademark are what we are going to be discussed here.  Types of witnesses: The customer who is a witness must be one who holds the plaintiff’s goods by reason of their distinguishing characteristics. It seems to be sort of popular notion of some witnesses that, in considering whether the customers are likely to be deceived, you are to consider the case of an ignorant customer who knows nothing about, or very little about, the subject…

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Rules which has to be followed for trademark registration in 2018

New Rules for trademark registration in Coimbatore 2018:     By having the intent of fastening the procedure of trademark filing while decreasing delays in the process, the government of India have taken the action to draft a new set of rules. A proclamation regards the draft rules for trademarks has been published by the government of India in November 2015, inviting objections and suggestions from the people who are likely to be affected by the said rules. With the…

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