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…

Read More

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…

Read More

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.…

Read More

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…

Read More

Infringement of Trademark – Trademark Registration in Coimbatore

Infringement of Trademark and Grant of Injunction In a case of infringement of trademark injunction would ordinarily be granted where it is established that the defendant had infringed the trademark and had not been able to discharge its burden as regards the defense taken by it. It is therefore, directed in Ramdev Food Products Pvt. Ltd. versus  Aravindbhai Rambhai Patel by the Supreme Court that – 1)The respondents be restrained from using the trade name “Ramdev Masala” in any of…

Read More

Alteration of Address – Trademark Registration in Coimbatore

Alteration of address in the register A registered proprietor or a registered user of a trademark , the address of whose initial place of business in India or whose address in his own country, as the case may be, is under gone the alteration so that the entry in the register is rendered incorrect, shall request the Registrar in Form TM-34 to create the proper alteration of the address in the register, and the Registrar shall after make the alteration…

Read More

Opposition to Registration – Trademark Registration in Coimbatore

Corresponding Law – Scope and Applicability This section corresponds to Section 21 of the Trade and Merchandise Marks Act, 1958.With regard to notice of opposition to registration the Provisions of (old) section 21 of the (old) Act are specific. The general provisions explained  in (old) section 101 will not be applicable on the principle. Opposition defines that any person may, within three months from the date of the advertisement of an application for trademark registration or within that further period, does…

Read More

Protection of Trademarks under MADRID Protocol-Trademark Registration

Definitions of MADRID Protocol For the purpose of trademark protection , unless the context otherwise requires ‘Article’ means article referred to in Madrid Protocol; ‘Electronic form” shall have the meaning as is assigned to it in Clause(r) of sub-section (1) of section 2 of the Information Technology Act,2000(21 of 2000); Words and expressions used in these rules, in the context of international application or international trademark registration for protection of Trademarks under Chapter 4 A of the Act, but not…

Read More

Registered Users of Trademark – Trademark Registration

Application for registration as Registered user An application to the Registrar for the registration under section 49,of a person as a registered user of a Registered trademark,shall be made jointly by that person as the registered properietor of the trademark registration,in Form TM-28 and shall be accompanied by the following: The agreement in writing or a duly authenticated copy thereof,entered into between the registered properietor and the proposed registered user with respect to the permitted use of the trademark; the…

Read More

Interim Injunction of Trademark – Trademark Registration

Principles of Interim Injunction Principles of Interim Injunction – held: a claim for interim injunction has to be decided on the well-known principles:1)Whether the subject matter of the suit is such that subject matter of the suit requires a status quo to be maintained ;and if yes 2)Whether the plaintiff has disclosed a primary case i.e., triable issue arise which require evidence to resolve the same; 3) Whether irreparable loss and injury shall be caused to the plaintiff if interim…

Read More