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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Letter Marks and Monograms – Trademark Registration in Tirupur

Letter marks and Monograms “Mark” is defined to include letters and numerals. However they notoriously lack inherent distinctiveness on account of common and natural practice of firms and persons to use their initials on goods, letter paper and so forth, or to use them as symbols indicative of quality or of other characteristics. Instead of depicting two or more letters separately as letters, per se, the letters could be intertwined or interwoven into a single device, formed into a monogram.…

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Power of Registrar to cancel registration as registered user

Power of Registrar to cancel registration as registered user Trademark is not just a word it’s a right of the trademark owner. Trademark is an exclusive right of your own brand name which may be a mark, logo, word, sign or design which is recognized by the Trademark Registry. The Registered Trademark Agent can only apply your trademark. A trademark agent has mandatory responsibilities to guide the clients and literate the every nook and corner of Trademark Registration.  The Registrar…

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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…

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Copyrights and trademark registration in India

Copyrights and trademark registration – effect: The comparative scopes of a copyrights and trademark registration are different, even though where a design on a wrapper is registered under the copyrights act, there is, to an extent, an overlapping between the two remedies. Some controversy is no doubt possible if the mere jurisdiction of the court to entertain an action for infringements of copyrights would also give the court the necessary jurisdiction to deal with the corresponding infringement of trademark, where…

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Refusal of registration- Relative grounds – Trademark registration

Refusal of registration- relative grounds- trademark registration in Cochin: 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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Effect of Registration of the parts of the Trademark – Trademark Registration

Effect of Registration of the parts of the Trademark This article which deals with the effect of registration of parts of a mark seeks to omit the provision relating to requirement of disclaimer and to explicitly state the general proposition that the registration of a trademark confers exclusive right to the use of the trademark taken as a whole and not separately to each of its constituent parts, if any. Comments The provision in section 17 is new and states…

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