Trademark Assignment or Trademark Transmission

Definition  of Trademark Assignment and Transmission  This section corresponds to section 37 of the Trade and Merchandise Marks Act,1958.Trademark assignment and trademark transmission defined under Section 2(1)(b),which defines ‘assignment’ as ‘an assignment in written by the act of parties concerned’.Section 2(1)(Zc) defines the term “transmission”,as “transmission by operation of law,devolution of the personal representative of a deceased person and any other mode of transfer not being assignment’. Scope The section 36 of the Trade and Merchandise Marks Act,1958,dealt only with…

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What are infringement damages? – trademark registration in coimbatore

In order to enable the plaintiff to recover damages in an action for infringement of a trademark, it is not necessary for him to prove special damage. It is sufficient to show that the plaintiff’s right has been invaded. Damages: The damages must be attributable to the passing off. If the plaintiff succeeds in getting an injunction he is entitled to claim damages suffered by reason of the infringement or profit made by defendant by reason of his wrongful act.…

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Honest concurrent user of trademark -Trademark registration

Honest  concurrent use of trademark with Deceptive similarity Honest concurrent user can rely on to overcome an objection to a trademark registration that would take unfair advantage of, or would be harmful to, an earlier market is a settled principle of relating to trade mark that there can be only one mark,one source and one proprietor.The court of appeal held that the question posted by the section 11 of the Trade Marks  Act,1938 as to the likelihood of deception or…

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How to remove the trademark from the register?

If a trade mark is been wrongly registered or is wrongly remaining in the Indian Trademark Registry, then the Indian Trademark Act provides the aggrieved party to file a petition for the rectification or the trademark removal. For rectification of a register an application should be filed before the Trademark registry, where the application for the registration have to be filed or at the appellate board.  Trademark removal of registered trademark from the register     Clauses (a) and(b) of…

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What is injunction in a trademark? – Trademark Registration

Injunction: Injunction is a preventive relief. It is granted at the discretion of the court. It may be interlocutory or permanent. Interlocutory injunctions are such as are to continue during the pendency of an action until a specified time or until the further order of the court or pending disposal of the action. Perpetual or permanent injunctions are granted when the defendant has invaded or threatens to invade the plaintiff’s right to or enjoyment of property. An injunction will not…

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Important factors to be considered for a trademark registration

In considering a question as to whether a resemblance between two marks is likely to deceive the persons to be considered are those who are likely to become purchasers of the goods upon which the marks are used, provided, however, such person use ordinary care and intelligence. The cases regarding the standard of attention or carefulness to be expected of the ordinary member of the purchasing public are reviewed by the assistant registrar. It is the ultimate purchaser that has…

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What is trademark abandonment? – Trademark Registration in Coimbatore

What is trademark abandonment? In the Indian trademark registry, trademark status shown as “abandoned” if the applicant failed to respond within the specified duration of time period prescribed under the act. The trademark application is not in force. The trademark application could be abandoned due to the lack of prosecution by the applicant when, Response hasn’t been filed to a deficiency letter within the stipulated period of one month from the receipt of letter; Response hasn’t been filed to an…

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What are unconventional trademarks and its types?

The following types of trade marks come under the category of unconventional trademarks: Colour trademarks Sound marks Shape of goods, packaging Smell trademarks Colour trademarks: To constitute this kind of trademark, a colour or a combination of colours must be capable of distinguishing the goods or services from one trader to other traders. The extensive use of two colours in many different arrangements may results in the colour combination per se becoming distinctive of the applicant’s goods. If the colours…

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What is trademark dilution? – Trademark Registration in Coimbatore

Dilution of trademark: Trademark dilution is a legal clause which allows the company to prevent others from using such a mark in a way that would lessen the unique standing of the trademark. The owner of the trademark can take the legal action against anyone who purposefully blurs or tarnishes the mark. It is somewhat related to lowering the value of earlier trademark. The mark is said to be diluted if the exclusivity of the earlier trademark gets lowered. It…

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Honest practices – Exception to infringement – Trademark Registration

Honest practices: Exception to infringement: Legal provision in section 30: We had earlier said, if the trademark system is to be used as an input to economic development then the concept of honest practices in industrial or commercial matters is destined to grow. The pleading and case law on honest practices have grown to a considerable extent. The growth of the subject matter of section 30 would serve as an index that the judiciary contributes to the monopoly or allows…

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