Act for Acts
What is a Trademark Opposition? After the examiner reviews your trademark application and finds that it qualifies for registration, your trademark are going to be printed within the official Journal of Trademark Registry. The aim behind publication a Trademark within the Journal is to alter any third party to look at the trademark and file a trademark opposition against it. […]
Continue reading »This Article corresponds to section 52 of the former Act of 1958 and empowers the Registrar to vary or Cancellation the registration as registered user. Procedure for variation of entry in the register The registered proprietor may make an application on Form TM-U for the variation of the registration of the registered user under clause (a) sub-section (1) of section 50. […]
Continue reading »Licensing of Trademarks The law governing the licensing of trademarks and registration of the registered users has been substantially modified, as compared to the law in the 1958 Act. There is a complete change in the approach, in keeping with the modern trend of business. The change in the law is also influenced by developments concerning similar laws in the […]
Continue reading »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 […]
Continue reading »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 […]
Continue reading »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 […]
Continue reading »Interim Stay In the present case, the mark RASNA is a registered trademark of the plaintiffs which is being used by them for the last forty years and it has acquired goodwill and reputation as per the material placed on record. The said trademark has also been protected from time to time. After having examination of defendants’ products which are […]
Continue reading »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 […]
Continue reading »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 […]
Continue reading »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 […]
Continue reading »