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 […]

Continue reading »

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 […]

Continue reading »

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 […]

Continue reading »

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 […]

Continue reading »

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 […]

Continue reading »

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 […]

Continue reading »

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 […]

Continue reading »

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 […]

Continue reading »

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 […]

Continue reading »

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 […]

Continue reading »
1 5 6 7 8 9