Trademark registration as registered user – Trademark registration in Tirupur

Trademark registration as registered user – Trademark registration in Tirupur Notes on Clauses -This clause provides for trademark registration as registered user and largely corresponds to the existing sections 49 and 52. The clause sets out the procedure for making application and such registration, on completion of which the Registrar may register the proposed user for the goods or services […]

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Introduction to Copyright Registration – Trademark Registration in Cochin

Introduction to Copyright Registration – Trademark registration in Cochin Copyright it is a form of intellectual property. With advancement in technology it is very easy to copy. The basic test in actions based on the infringement of the copyright is that if a thing fetches a price, it can always be copied and therefore, it needs adequate protection. It is […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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