Logo Registration

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Trademark norms following in the trademark registration process

Trademark norms following in the trademark registration process: “Trademark norms are the important subject to know before entering into the process of trademark registration. Additionally, trademark norms are using to project the brand name and logo of the business”. Trademark norms are the important subject to know before entering into the process of trademark registration. Additionally, trademark norms are using to project the brand name and logo of the business. Trademark registration easily covers things which are essentially relating to…

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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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Falsifying & Falsely Applying Trademarks – Trademark Registration in Coimbatore

Falsifying and falsely applying trademarks There has to exist a protectable trademark which can be falsifying or falsely applied as a trademark. The provision applies both to registered as well as unregistered trademarks. Falsifying a Trademark No person without the assent of the proprietor of a registered or unregistered trademark prevalent in India may do any of the following: make or create that trademark or a deceptively similar mark, or in other words a mark which so nearly resembles the…

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Concept of International Registration – Trademark Registration in Coimbatore

Introduction to International registration Where  the international Bureau finds that the concept of international application meets the applicable requirements, it registers the trademark in the international register. Thereafter it notifies the offices of the designated contracting parties  of the international trademark registration, informs the office of the origin and sends a certificate to the holder. The registration certificates will be sent to the holder through the office of the origin, where the office of the origin has so desired. The…

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Notice for Opposition – Trademark Registration in Coimbatore

Notice of opposition A notice of opposition to the trademark registration under sub-section (1) of section 21, with such particulars as specified in rule 48, shall be given in duplicate in form TM-5 within four months from the date of publication in the Trademarks Journal in which the application for registration of trademark was advertised or re-advertised. Where a notice of opposition has been filed in respect of a single application for the registration of a trademark, it shall bear…

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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 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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