Act for Acts
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 […]
Continue reading »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 […]
Continue reading »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 […]
Continue reading »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 […]
Continue reading »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 […]
Continue reading »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 […]
Continue reading »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 […]
Continue reading »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 […]
Continue reading »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 […]
Continue reading »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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