Correction and Amendment in a trademark

Correction and amendment: The registrar on such terms as he thinks at any time, whether before or after the acceptance of an application for registration as under the section 11, correction of any error will be permitted or in connection with the application or permit the amendment of the application: If an amendment is made to a single application which […]

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Trademark Renewal Procedures – Trademark Registration in Cochin

We are going to see the trademark renewal and its procedures with a clear-cut explanation.Keep your eye on this article to know some useful things if you have already registered a trademark or newly going to register the mark. India is growing leaps and bounds as a destination for commerce, with that, the demand for trademark registration is also growing. […]

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Permanent injunction of a trademark with real time examples

Permanent injunction Order 39 rule 1&2 – permanent injunction – when the court of first instance exercise its discretion in order to grant or refuse to grant the relief of temporary injunction and the said exercise if it based on objective consideration of the materials placed before the court and it can be supported by cogent reasons, the appellant court […]

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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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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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