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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Registration of Shapes of Goods – Trademark Registration in Coimbatore

Registration of Shapes of Goods Sub-section (3) of Section 9 reads as follows – A mark shall not be registered as a trademark if it contains of – The Shapes of goods which result from the nature of the goods ; or The Shapes of goods is necessary a technical result; or The Shapes, which gives substantial value to the goods. This is a new provision. The ‘shapes of goods and their packaging’ is already included in the definition 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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Contents of the Opposition Notice – Trademark Registration in Coimbatore

Contents of the notice of Opposition: The contents notice of opposition shall contain following particulars a) In respect of an application contents against which opposition is entered application number against which opposition is entered; Indication of goods and services listed in the trademark application against which the opposition is entered; name of the applicant for the trademark b) In respect of the earlier mark or the earlier right on which the opposition is based If the opposition is based on…

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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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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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Restrictions on Assignment and Transmission-Trademark Registration in Coimbatore

Restrictions on Assignment and Transmission The Restrictions on assignments and transmissions are not absolute. The validity of the assignment can be challenged on the basis of the provisions contained in section 37 to 45 of 1999 Act. Multiple Exclusive Right Assignments and transmissions should not result in the creation of multiple exclusive rights in more than one person, because this could likely to deceive or cause confusion. This restrictions prevent the concurrent use by more than one person concerned with…

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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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Rectification of Trademark- Trademark Registration in Coimbatore

Introduction of Rectification Legislation in all countries generally makes provision for removal of trademarks from the Register to either correct wrongs or to take note of changed  market situations. This process is referred as rectification of the Register. The international agreements and treaties sometimes require mechanism in national legislation for cancelling registration in relation to certain specified reasons. It is necessary to have such provisions so that the adverse effects of the trademark registration, if any, on the trademark rights…

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