Exclusive Rights Conferred by Trademark Registration

Exclusive Rights Conferred by Trademark Registration This clause deals with the exclusive rights conferred by registration. This corresponds to the existing Section 28 of the Trade and Merchandise Marks Act, 1958; this right has now been extended to include services also. Comments The section states what are the rights conferred by registration and corresponding to section 28 of the Trade and Merchandise Marks Act 1958. Since the present enactment provides registration of trademarks for services, a suitable addition has been…

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Definition of Trademark with Some Real Time Examples

Definition of trademark with some real time examples Definition of trademark Trademark means a mark capable of being represented graphically or pictorial and which is capable of differentiating the goods or services of one individual person from those of other rivals and may include appearance of goods, their packaging methods and used combination of colors; and In relation to chapter 12 (other than section 107) a registered trademark or a mark used in relative goods and services for the usage…

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Duration and Renewal of Trademark Registration in India

Duration of Trademark Registration in India The duration of Trademark registration is proposed to be increased from 7 to 10 years. This is keeping with the generally accepted international practice and to reduce the world load of the Trademarks Office. Sub-clause (2) provides for renewal of registration. Sub-clause (3) provides for removal and restoration of Trademark Registration. Consequent to the provision proposed in sub-clause (1) of clause 25, renewal registration permissible for successive periods of 10 years, from the date…

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False Trade Description of Trademark Registration

False Trade Description of Trademark Registration Comments – The definition of “False Trade Description” is to be read in conjunctions with the definition of “trade description”. Trade description which is untrue or misleading in a material respect as regards the goods or services to which it is applied. Or alteration of a trade description as regards the goods or services to which it is applied, whether by way of addition, effacement or otherwise, where that alteration makes the description untrue or…

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Restriction on Assignment and Transmission of Trademark registration

Restriction on Assignment and Transmission of Trademark registration This Article contains restriction on assignments or transmissions of trademark registration where multiple exclusive rights would be created in more than one person, which would be likely to deceive or cause confusion. Nevertheless, such assignment is not deemed to be invalid, if having regard to the limitations imposed, the goods are to be sold in different market either within India for exports. The provisions also apply to services. Sub-clauses(2) lay down the…

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Procedure for Opposition to Registration of Trademark

Procedure for Opposition to Registration of Trademark This article deals with the procedure for opposition to registration of a trademark. This is substantial reproduction of the provisions contained in section 21 and 22(b) of the Trade and Merchandise Marks Act, 1958. Sub- clause (6) provides for payment of security for costs in the case of persons who do not reside or carry on business in India. By Trademarks (Amendment) Act, 2010 (40 of 2010), sub-section (1) of section 21 has…

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Objection and Opposition – Trademark Registration in Coimbatore

Trademark Registration in Coimbatore – Objection and Opposition of trademark registration is discussed in the given article. What is trademark objection and opposition? In the trademark registration process, there are two primary things may appear one is trademark opposition and another one is trademark objection. People often get confusion between the opposition and objection processes, here we are going to discuss about that and have a detailed explanation about the difference among them and the process of such processes. Basic difference…

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Requirement of TRIPS Agreement – Trademark Registration in Coimbatore

Trademark Registration in Coimbatore – Requirements of TRIPS Agreement what we are going to discussed in these below article.  Requirements of TRIPS Agreement The Trips Agreement and the Paris convention for protection of Industrial Property specify certain norms and standards for protection of trademark. Since India is a member of both treaties, the Trademarks Act, 1999 abides by the relevant provisions of these binding International treaties. In regard to industrial property is general, the TRIPS Agreement requires that members comply…

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Features of the Trademarks Act – Trademark Registration in Coimbatore

Trademark Registration in Coimbatore – Salient features of the Trademarks Act, 1999 what we are going to discussed in these article. Registration of Trademark for services It is mentioned in preamble and Section 2(1)(z) of the Trademarks Act, 1999. As set out in the preamble, the new law provides features for registration of trademarks for services, in addition to goods, the need for which was greatly felt with the growth of the service sector in this country. Further, it is…

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Appointment of Registrar – Trademark Registration in Coimbatore

Trademark Registration in Coimbatore – Appointment of Registrar and other officers what we are going to discuss here. Corresponding Act This section corresponds to section 4 of the Trade and Merchandise Marks Act, 1958. This section provides for appointment of a person designated as the Controller General of Patents, Designs and Trademarks, who is to be the Registrar of Trademarks for the purposes of this Act. Under sub-section (2) of section 159, any notification or any order issued by the…

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