Trademark registration

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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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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Benefits of Trademark Registration – Trademark Registration in Coimbatore

Trademark Registration in Coimbatore – Benefits of Trademark Registration what we are going to discussed here. Definition of Trademark  A trademark is a symbol, name, word, device or any amalgamation which is legally taken by a company to differentiate their products from the other products. It is also indicated as brand name. The Trade Marks Act, 1999 and Trade Marks Rules, 2002 maintains the laws with corresponding trademarks. Trademarks are a cost effective of way of advertising your business and…

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Falsify a trademark – Trademark Registration in Coimbatore

Introduction to falsify a trademark A person deemed to falsify a trademark who without the authority of the proprietor makes the trademark or deceptively similar mark or falsifies nay genuine trademark in any manner. Sub-clause (2) provides that a person is deemed to falsely apply to goods such trademark without the assent of the proprietor on goods or services or any package containing goods, etc. It is also made clear that the burden of proving assent of the proprietor will…

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Contents of Trademark Applications – Trademark Registration in Coimbatore

Trademark Registration in Coimbatore – Contents of Trademark Applications is what we are going to discussed in this article. Representation of the mark (Rule 26) Every Applications for the registration of a trademark, and where additional copies of the applications are required., every such copy, shall contain a clear and legible representation of the trademark of size not exceeding 8 cm x 8 cm. Where an application contains a statement to the effect that the applicant wishes to claim combination of…

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Concept of licensing of Trademarks – Trademark Registration in Coimbatore

Concept of Licensing of Trademarks The provision regarding licensing of trademarks in favor of registered users was introduced for the first time in the United Kingdom by the Trademarks Act, 1938. This was on the recommendation of the Goschen Committee which suggested the relaxation of the common law principle that there could be no separation or splitting up between the proprietorship of the mark and the trade origin of the goods bearing such mark. That Committee recognized that through the…

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Legal Provisions for Madrid Protocol – Trademark Registration in Coimbatore

Legal Provisions giving effect to Madrid Protocol After passing of the 2010 Amendment Act, the government had been making an effect to reduce the period of Trademark Registration in trademark registration offices of the country after filing of an application. The understanding was that, when the trademark office shall become capable to deliver or deny the registration within 15-18 days, the  Amendment Act of 2010 to introduce international registrations in India would be commenced. The applications for international registrations under…

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Infringement of Geographical Indications – Trademark Registration in Coimbatore

Section 22- Infringement of Registered Geographical Indications A registered Geographical Indication is infringed by a person who, not being the registered proprietor or authorized user, uses such indication on the goods or suggests that such goods originate in some other geographical area other than the true place of origin of the goods which misleads the public. A geographical indication of trademark is also infringed by any use that constitutes an act of “unfair competition” which term is elaborated in explanations…

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