Opposition to trademark – Trademark Registration in Cochin

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 […]

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Who may make an application for removal? – Trademark Removal

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 […]

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Use of trademarks and registered users – trademark consultants in cbe

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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International registration of trademarks under the Madrid Protocol

Provisions relates to the trademarks through an international registration under the Madrid protocol: 36 A: Application of act in case of international registration which is under the Madrid protocol. The provisions may apply to international applications and registrations under the Madrid protocol. 36 B: Definition: Application which in relation to the contracting state or organisation means an application that is […]

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Ad-interim injunction – Trademark Registration in Coimbatore

Ad interim injunction – Trademark registration in Coimbatore: Here, we are going to see the interim injunction in detail with some real time examples to make you understand clearly. Order 39 rule 1&2: Order 39 rule 1 and 2 – ad interim injunction restraining the defendant from manufacturing, selling, marketing, advertising or in any manner whatsoever using the trademarks ‘SUPER […]

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Procedure to be followed by the registrar – Trademark Registration in Cbe

Procedure to be followed by the registrar:- Trademark registration in Coimbatore The procedure to be followed by the registrar is set out in rules 37 and 38. Irrespective of whether an application is for registration of the mark in part A or part B of the register, the tribunal has to consider the extent to which a trademark is inherently […]

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Rules which has to be followed for trademark registration in 2018

New Rules for trademark registration in Coimbatore 2018:     By having the intent of fastening the procedure of trademark filing while decreasing delays in the process, the government of India have taken the action to draft a new set of rules. A proclamation regards the draft rules for trademarks has been published by the government of India in November […]

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Important terms to be considered for trade mark process

There are some of the important terms are used in trademark process, which is going to be discussed here along with a meaning. Definition and interpretation: In this act, unless the context otherwise requires, Appellate board means the appellate board established under section83; Assignment means an assignment in writing by act of the parties concerned; Associated trademarks mean trademarks deemed […]

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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 […]

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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 […]

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