Difference between Objection & Opposition – Trademark Registration in Coimbatore

Introduction to Trademark Objection and Opposition In the trademark examination process, there are two main things may happen one is trademark opposition and another one is trademark objection. People often confuse between the opposition and objection, here we are going to discuss about that and have a clarification about the difference and the process. Basic difference to be noted is […]

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ENTRY WRONGLY REMAINING ON THE REGISTER – RECTIFICATION OF TRADEMARK

ENTRY WRONGLY REMAINING ON THE REGISTER-SUB-SECTION (2) The words “wrongly remaining on the register” were introduced for the first time in the corresponding section 35 of the UK Act of 1905. As was pointed out by Parker J in the Gramophone case, “none of earlier Trademark Acts provided machinery for taking a mark off the Register, if once it had […]

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Application filed for Identical Trademark Registration in Cochin

Application filed for registration of identical trademark “TRAIN” in respect of rice New plea before appellate court-In the first instance, the question arises why the veracity of these documents relied on by the opponents is being raised at the appellate stage when the same was available and not challenged by the appellant/applicant in the proceedings before the Assistant Registrar-There is […]

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Protecting your Creative Expressions through Copyright Registration

Copyright protection for a manuscript, musical composition, some artwork An application for copyright registration should be filed, before the work is published, provided to others, or made publicly available. Registration provides the possibility of statutory damages for copying, and is necessary to provide a court with jurisdiction to hear the suit. Registration may be accomplished any time after completion of […]

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Temporary injunction and Opposition – Trademark registration in Cochin

Temporary injunction – “New Mour Marka”, “Green Star Brand”, and “Green Star Marks” The relief sought for in the main suit do authorize the court to pass an interim order to restrain the defendant, pending disposal of the suit from using the trademarks opposition. The interim relief sought for is not beyond the relief sought in the main suit. The product […]

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Permanent injunction of Trademark – Trademark Registration in Cochin

Permanent injunction of Trademark Trademark is one of the most important intellectual property, no one can be used it illegally. When someone uses your trademark illegally, it can cause significant damages to your business. It can be immediate monetary losses and long term damage which can spoil your business reputation. While considering Trademark infringement cases, it can be lengthy, and […]

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Protecting your trademarks – Trademark Registration in Cochin

Protecting your trademarks – your business name as well as your product or service names A full trademark search should be obtained prior to using the mark. It is important to determine both whether the mark can actually serve as your trademark, and whether use of the mark would potentially infringe the trademark rights of anyone else. If the results […]

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Interim Application of Copyright and Trademark Registration in Cochin

Interim application seeking to restrain defendant from using catch word On the conjoint reading of clause 1, definitions contained in clause 2 and clause 3A, it is clear that the rights assigned by the respondent 5 to respondent 6 included “all other right title and interest in and to the literary, dramatic and musical works embodied in the producer’s film”, […]

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Well-known brands and Word “invalid” of Trademark Registration in Cochin

Well-known brands – internationally famous brands In the instant case, the learned Single Judge has rightly observed that respondent No. 1 is a small time operator and cost of the well-known product which was being sold by him was only Re. 1/-(Rupee One) as against the product of the plaintiff, which was being sold at Rs. 10-(Rupees Ten). Notwithstanding the […]

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