Trademark registration

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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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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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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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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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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