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…

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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…

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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…

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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…

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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…

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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…

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Permanent Injunction of Trademark – Trademark Registration

In general – Permanent Injunction Permanent injunction is granted or denied at the discretion of the Court after investigation of all the facts at the trial.This discretion “when applied to a court of law means discretion guided by law.It must be governed by the rule not by the humor.It must not be arbitrary,vagile and fanciful,but legal and regular”.But a permanent injunction at the final hearing is the matter of course and of right when the plaintiff’s right and title and…

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Providing Penalty for non-usability of a Trade mark – Trademark Registration

Comparative reference and Scope This section corresponds to section 46 of the Trade and Merchandise Marks Act,1958.This section is intended to  provide a penalty in case of a Trade mark being allowed to become defunct.No proprietor is entitled to sit tight on his trademark without actually using the same as such.The policy of the Act is to protect trademarks used as such.In the case of a Trade mark not put in use there is no point in giving protection to it.…

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Procedure for Application – Trademark Registration in Coimbatore

Corresponding Law and  Procedure This section corresponds to Section 20 of the Trade and Merchandise Marks Act,1958.Section 18,19,20,21 and 22 of the Act lay down the procedure for application for Registration,its acceptance by the Registrar,the withdrawal of his acceptance in certain cases,the opposition for registration and correction or amendment,and the advertisement of the application for registration.From these sections 18 to 22,one thing is clear that when an applicant makes his application for registration,the onus is the first place is upon…

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Correction of Registered Trademark – Trademark Registration

Trademark is anything that is to be used, to find the goods of one manufacturer from the goods of others. Simply,it is known as a  brand name. Trademarks are important business tools because these they permits organisations to produce their product’s reputation without having to worry that the product will decline their reputation or profit by  cheating the consumer.So,we have to register a trademark as simple,unique and simply identify by the customers.If any correction in the application of a trademark…

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