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geographical

Service registration importance in business

Service registration process in Trademark: Service registration means service of any description which is made available to potential usage. This service registration provisions are necessitous one. It directly and indirectly connects with business, industry and other commercial purposes. More over, service registration is similar to the Trademark registration process. In fact, service registration combines plenty of business fields. Education, Finance, transport, real estate, Construction, advertising all are comes under this service registration purpose. The exact meaning of service is transforms…

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Compatibility of trademark Act in India

Compatibility of Trademark Act and its features: Compatibility of trademark Act is following the major properties and provisions of the Paris convention of protection of Industrial property.  TRIPS agreement joins in the list as a major part. TRIPS agreement is the major part of the Intellectual property. Trademark registration is obligatory to follow these provisions for easy registration. The immaculate provisions in India have been easing the International agreement. The role of the Paris convention is well-known for the protection…

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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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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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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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