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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Restriction on Assignments or transmissions of trademark in India

Restriction on Assignments or transmissions of trademark in India This clause contains restriction on assignments or transmissions of trademark where multiple exclusive rights would be created in more than one person, which would be likely to deceive or cause confusion. Like, such assignment is not suitable to be invalid, if having reference to the limitations imposed, the goods are to be sold in different markets – either within India or for exports. The provisions also apply to services. Sub-clause (2)…

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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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Opposition to trademark – Trademark Registration in Cochin

Opposition to registration: –trademark registration The registrar may serve a copy of the notice on the applicant for registration and within the time period of 2 months from the receipt by the applicant of such copy of the notice of opposition, the applicant would have sent to the registrar in the prescribed manner, a counter-statement of the grounds on which it relies on the application and if he does not do so, he may deem to have abandoned this application.…

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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 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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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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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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