General Territorial of Trademark Registration in India

Trademark Registration in General Territorial of India The Trademarks Act, 1999 which provides for registration of trademarks, confers on the owner of the mark the exclusive right to use the registered trademark, in relation to the goods or service in respect of which it is registered and to obtain relief against any unauthorized use by others. In addition to this statutory right against infringement, the Act preserves the common law right of the owner of the trademark to obtain relief…

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Procedure & Duration of Registration – Trademark Registration Coimbatore

Application procedure for registration Unlike an application for registration of trademark, where any person may apply for registration, an application for registration of Geographical indication can be made only by an “association of persons or producers or any organisation or authority accepted by or established under any law for the required time duration being enforce to producing the interest of the producers of the concerned goods, who are honestly wants  to registering a geographical indication by using the procedure by…

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Conditions for Assignments or transmissions of trademark in India

Conditions for Assignments or transmissions of trademark in India Clauses 38 and 39 lay down the provisions and conditions regarding assignability and transmissibility of registered trademark or unregistered trademark along with the goodwill of business subject to provisions contained therein. Subject to those provisions, this clause lays down the restriction on assignment or transmission as to prevent splitting of rights of a trademark on a territorial basis and creating rights on different persons in different parts of India. However, the…

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Examination of Trademark Application for Trademark Registration in India

Examination of Trademark Application for Trademark Registration The examination of trademark application for registration of the trademark will be examined with respect to the following matters- Formal examination to see that the application fulfills all the procedural requirements such as filing the application in the appropriate form and manner, payment of the prescribed fees, contains the reproduction of the mark of the prescribed fees, contains the reproduction of the mark of the prescribed quality along with the required number of…

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Correction of Register in respect of errors in Trademark Registration

Correction of Register in respect of errors in Trademark Registration Sub-clause (1) empowers the Registrar to correction of the Register in respect of the errors relating to the particulars of the registered trademark and also to make consequential amendments, and alterations in the certificate of trademark registration. Sub-clause (2) empowers the Registrar to rectify the register to rectify any mistake or change of name, etc., on an application by the registered user after giving notice to the registered proprietor. Comments-…

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Duration of Trademark Registration under Trademarks Act, 1999

Duration of Trademark Registration under Trademarks Act, 1999 The duration of trademark registration is proposed to be increased from 7 to 10 years. This is in keeping with the generally accepted international practice and to reduce the workload of the Trademarks Office. Sub-clauses (2) provides for duration of renewal of trademark 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 is permissible for successive periods…

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International Trademark Registration using MADRID Protocol

Registration in General Territorial The trademarks Act, 1999 which provides for international registration of marks, confers on the owner of the mark the exclusive right to use the registered trademark, in relation to the goods or services in respect of which it is registered and to obtain relief against any unauthorized use by others. In addition to this statutory right against infringement, the Act preserves the common law right of the owners of the trademark to obtain relief by an…

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Protection of Vested Rights of the Trademark Registration

Protection of Vested Rights of the Trademark Registration Comments: This section, which corresponds to section 33 of the 1958 Act, makes protection of vested rights, so that the proprietor of a registered of a registered trademark or a registered user cannot interfere with the use of any identical or similar mark if the person has been using the mark from an earlier date. In order to come within the scope of this provision- The mark must be identical with or…

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Duties of Registrar to Register the Trademark Application

Duties of Registrar to Register the Trademark Trademarks Act – Notes on Clauses : This clause makes it mandatory on the Registrar to register the trademark where the procedure for registration of a trademark has been completed. The application has been accepted and either the application has not been opposed or the opposition has been dismissed. The reference to Part A and Part B has been omitted, which is consequential. In other respects, this clause corresponds to section 23 of the…

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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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