Act for Acts
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 […]
Continue reading »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 […]
Continue reading »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 […]
Continue reading »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 […]
Continue reading »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 […]
Continue reading »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 […]
Continue reading »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 […]
Continue reading »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 […]
Continue reading »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 […]
Continue reading »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 […]
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