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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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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Infringement of Service Marks – Trademark Registration in Coimbatore

Infringement of Service Marks India recognized trademarks for services or as they are normally referred as service marks which is established on September 15, 2003 and possibility of their registration was brought into effect. As has been stated, the service marks were in vogue even before the commencement of the Act and the action of passing off was possible to enforce protection to service marks. As trademark registration was not possible, it was also a practice to seek to protect…

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Process of Trademark Application – Trademark Registration in Coimbatore

Application process for Registration Any person Claiming to be the proprietor of a trademark used or proposed to be used by him, who is desirous of registering it, shall apply in writing to the Registrar in the prescribed manner for the process of registration of his trademark. An individual application may be made for trademark registration for different classes of goods and services and fee payable therefore shall be in respect of each other such class of goods and services.…

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Regulations under Trademark Law – Trademark Registration in Coimbatore

Regulations for manner of Indicating Names and Addresses Names : Where the name of the person is to be indicated, regulations under any contracting party may require, where the person is a natural person, that the name to be indicated be the family or principal name and given or secondary name or names of that person or that the name to be indicated be, at that person’s option, the name or names customarily used by the said person. Where the person…

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