Limits on effect of registered trademark – Trademark Registration

Limits on effect of registered trademark: Nothing in section 29 shall be construed as preventing the use of a registered trademark by any person for the purposes of identifying goods or services as those of the proprietor provided the use. Is in accordance with honest practices in industrial or commercial matters and Is not such as to take unfair advantage of or be detrimental to the distinctive character or repute to the trademark A registered trademark is not infringed where-…

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Evidence in a trademark – Trademark Registration in Coimbatore

Effect on view – Strong evidence: The strongest evidence of colorable imitation is from the view itself 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,…

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Certification of trademark – Trademark Registration in Coimbatore

Certification of trademark means a mark adapted in relation to any goods to distinguish, in the course of trade, goods certified by any person in respect of origin, material, mode of manufacture, quality, accuracy or other characteristic, from goods not so certified and registrable as such under the provisions in respect of these goods in the name, as proprietor of certification trademark, of that person. Certification of trademark: The certification trademark owner cannot carry on a trade in goods of…

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Removal from the register on ground of non-use – Trademark Registration

Removal from register and imposition of limitations on ground of non-use: A registered trademark may be taken off the register in respect of the goods or services in respect of which it is registered on application made in the prescribed manner to the registrar or the appellate board by any person aggrieved on the ground either- Trademark registration in Coimbatore with the best price, can avail only at the finest legal consultant in Coimbatore ->Check out the details here.  …

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Decree of injunction to the plaintiff and the defendant

Decree for injunction to the plaintiff and the defendant. Decree to be specific: The decree must be reasonably specific as to acts which are prevented. Injunctions are sometimes passed in general terms such as form otherwise in any manner whatever unfairly competing with the plaintiff. These can serve only to create a moral effect or an atmosphere in terrorum but would not, it is submitted, be enough to charge the defendant with contempt. Even without the decree the defendant is…

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What is a Permanent injunction of a trademark? – Trademark Registration

Here, we are going to discuss what is the permanent injunction of a trademark in detail with some real time examples to understand better. Permanent injunction: Permanent injunction is granted or denied at the discretion of the court after investigation of all the facts at the trial. This discretion “when applied to a court of law means discretion guided by law. It must be governed by rule and not by humor. It must not be arbitrary, vagile and fanciful, but…

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What is litigation? – Solubilis corporate Services

Litigation is a term which is used to describe the proceedings between the two parties enforces or defends the legal right. There is a possibility for litigation that it may typically settled by an agreement between the parties but also be heard and decided by the jury or judge in a court. Litigation is not simply a lawsuit; it includes any number of activities before, during and after the lawsuit to enforce the legal right. Arbitration, pre-suit negotiations, facilitation and…

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How to choose the right trademark for registration?

A trade mark is considered as an important aspect of your business, it plays a crucial role in shaping the first impression of the services or the products offered by the company. Trademark surely helps to distinguish you from other competitors and helps you stands out. You actually create a unique asset when you select a mark that will add the value to the enterprise. Unfortunate things might blunt your marketing efforts and may leave you in legal disputes. Hereby,…

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Infringement of reputed and registered marks

Infringement of reputed and registered marks – Use on dissimilar goods or services:   The rights of well-known trademarks which are the subject matter of expanded protection under article 6 bis are confined to goods or services similar to goods or services for which it is registered or used. Protection of trademarks in relation to use on different goods or services has been enacted in Indian law as prescribed in article 16 of WTO-TRIPS in relation to well-known trademarks. India…

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Trademark infringement and passing off remedies – Logo Registration in cbe

Trademark Infringement and Passing off remedies is all we are going to see here. Keep your eye on this article to know the remedies for infringement and passing off. Trademark: A trademark refers to a design, or expression which is recognizable and identifies products or services that are of a particular source. The trademark which identifies the services is called service marks. A trademark owner may be a business organisation or an individual or any other legal entity. It may…

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