Correction and amendment in Trademark Registration Process

Correction and amendment – Trademark Registration in Coimbatore: The registrar may think at any time with such terms, whether before or after the acceptance of an application for the registration as per the section 18, which permits the correction of any error in or having a connection with the application or permit the amendment of an application: Provided that if […]

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Selection and the protection of a trademark – Trademark Registration

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 […]

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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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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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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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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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Decree of injunction to the plaintiff and the defendant

Decree for injunction to the plaintiff and the defendant. Decree to be specific: The decree must be reasonably specific as to acts which are prevented. Injunctions are sometimes passed in general terms such as form otherwise in any manner whatever unfairly competing with the plaintiff. These can serve only to create a moral effect or an atmosphere in terrorum but […]

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What is a Permanent injunction of a trademark? – Trademark Registration

Here, we are going to discuss what is the permanent injunction of a trademark in detail with some real time examples to understand better. Permanent injunction: Permanent injunction is granted or denied at the discretion of the court after investigation of all the facts at the trial. This discretion “when applied to a court of law means discretion guided by […]

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How to choose the right trademark for registration?

A trade mark is considered as an important aspect of your business, it plays a crucial role in shaping the first impression of the services or the products offered by the company. Trademark surely helps to distinguish you from other competitors and helps you stands out. You actually create a unique asset when you select a mark that will add […]

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Infringement of reputed and registered marks

Infringement of reputed and registered marks – Use on dissimilar goods or services:   The rights of well-known trademarks which are the subject matter of expanded protection under article 6 bis are confined to goods or services similar to goods or services for which it is registered or used. Protection of trademarks in relation to use on different goods or […]

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