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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Who may apply Trademark for Registration in India?

Who may apply Trademark for Registration in India? Now a day, trademarks are essential to protect their own trade name and their product identity. This article deals with the procedure for making an application for trademark registration. At present separate applications are required to be made if the applications apply to register a trademark in more than one class. Sub-clause (2) has been amended to permit registration in several classes of goods or services by mean of a single application.…

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What is Trade name of Trademark Registration process in India

Trade name:-Trademark registration in Cochin A name is actually understood to mean the name, identifying, designating and distinguishing an enterprise. Mark is defined to include a name and name would thus include trade name or trading style. A trade name can be used well in order to distinguish the goods or services of an enterprise. There are several enterprises using their distinct trade name or business name as house marks in relation to their goods or services, e.g. Pfizer, Glaxo, Alembic,…

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Appointment of Registrar for Trademark Registration in India

Trademark Registration in Cochin – Appointment of Registrar and other officers what we are going to discuss here. Corresponding Act This section corresponds to section 4 of the Trade and Merchandise Marks Act, 1958. This 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 Act. Under sub-section (2) of section 159, any notification or any order issued by the Trade…

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Correction and amendment in Trademark Registration Process

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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Reason for amending the Madrid system by protocol in India

Reason for amending the Madrid system by protocol: Although the Madrid system has been intensively used by trademark owners of the member countries for more than a century now, the number of member countries has remained relatively low and has also remained geographically limited. Several states have considered a number of features of the Madrid protocol as obstacles to their accession to the same and have not joined the system. The following are those five features: First and foremost step…

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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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Selection and the protection of a trademark – Trademark Registration

Selection and protection of a trademark – Trademark Registration in Cochin Definition of trademark: The new definition of the expression “trademark” is – It means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include a shape of goods, their packaging, and a combination of colors. The selection of expression trademark is used to refer to marks used in relation to goods or…

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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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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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