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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Goods exempted from operation of notification-Trademark Registration

Trademark is a virtually detectable sign like  name, words, label, symbol or goods which is legally registered and this trademark represents a organization, company, product or service to differentiate it from other companies or products.This section corresponds to section 117 of the Trade and Merchandise Marks Act,1958. The following classes of goods are exempted from the operation of the notification materials imported by the railways and marked with the name of the railway; samples or patterns readily distinguishable as such…

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How to protect the Vested Rights – Trademark

Trademark is a virtually detectable sign like  name, words, label, symbol or logo which is legally registered and this trademark represents a organization, company, product or service to differentiate it from other companies or products.To register a trademark, must be a sign which must be devoid of any distinctive character, must not be descriptive of quality of goods or services and it must be a generic word, i.e., the word must not be taken  from the dictionary.If you won’t  register…

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Trademarks Registry Deals with False Trade Description

Trade and Merchandise Marks Act,1958,section 79  provides the information about any person who sells,lets for hire or exposes for sale,or hires in his possession for sale,goods or things,or provides or hires services,to which any false trade mark or false trade description is applied . This  may be applied or required to have applied to them an indication of the country or place in which they were made or produced or the name and address of the manufacturer,or person for whom…

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Trademark Law – Ten Hot Issues

Trademark law manages the use of a device (including a word, phrase, symbol, product shape, or logo) by a manufacturer or merchant to make identification to their goods and to differentiate those goods from those own made or bought from another. Service marks are also maintained by ‘Trademark law’. However, to acquire the greatest protection for a trademark, it is almost always advisable to register the trademark, by the federal government or with a state government.  A trademark is classified…

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Renewal of trademark-procedures and processes

The registration of a trademark,after the commencement of the Trade and Merchandise Marks Act,1958,shall be for a period of ten years,but may be renewed from time to time in accordance with the provisions of the section 24 of the Trade and Merchandise Act,1958.The register shall on a application made by the registered proprietor of a trademark in the prescribed manner and within the prescribed period and subject to payment of the prescribed fee,renewal the registration of trademark for a period…

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Trademark Assignment or Trademark Transmission

Definition  of Trademark Assignment and Transmission  This section corresponds to section 37 of the Trade and Merchandise Marks Act,1958.Trademark assignment and trademark transmission defined under Section 2(1)(b),which defines ‘assignment’ as ‘an assignment in written by the act of parties concerned’.Section 2(1)(Zc) defines the term “transmission”,as “transmission by operation of law,devolution of the personal representative of a deceased person and any other mode of transfer not being assignment’. Scope The section 36 of the Trade and Merchandise Marks Act,1958,dealt only with…

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