All about the registrar and the amendments in the trademark application

Amendments of review application: The amendments of application for review may not be allowed except in very special cases. If the effect of allowing the amendment would be to take away from the respondents the defence of limitation of time, if any, prescribed under the rules it would unjustly prejudice their rights and amendment should not be allowed. Procedure: If the decision sought to be reviewed concerns any other person, such application and statement should be made in triplicate and…

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All you need to know about the rights of a trademark

Rights available under the constitution of India: The following two rights of trademarks are in the nature of rights governed by the constitution of India. These rights cannot be taken away by any legislation to the contrary. The right to impart information through trademark is equal to constitutional rights pronounced by courts. The right to be able to possess, own and use a trademark in relation to merchandise or services has been placed by the court on the footing of…

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Things to consider about logo designs – Logo Registration in Coimbatore

Great logo requires a mixture of designs skills, innovative theory and a skilful application. Fit-for-purpose logo is the ultimate thing for any designer, but mastering from all aspects of the craft takes time. Logo design is the important element of branding since these days there are number of activation points such as campaigns on social media, promotional posts, but the logo or the brand mark been the centerpiece for most of the branding schemes. Logos hold an inevitable place in…

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Amendments in the trademark rules – Online trademark registration

Trademark rules were amended in March 2017. Here, we are going to discuss the amendments which are really important to know. Reduction in Number of forms:   In the trademark rules 2017, there are plethora of things got changed. The most significant and useful change is the number of forms which were in use got reduced drastically. Instead of 78 forms, now it is replaced into 8 and moreover the single form can be used for multiple purposes. Initially there…

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Special provisions relating to trademarks and prior users

Protection to certain trademarks: Where a trademarks contains or consists of geographical indication and has been applied for or registered in good faith under the law relating to trademarks for the time being in force, or where rights to such trademark have been acquired through use in good faith either Before the commencement of this act; or Before the date of filing the application for registration of such geographical indication under this act; Nothing contained in this act shall prejudice…

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History of shape trademarks and how it can be protected?

Absolute grounds for refusal in shape trademarks: The shape trademarks have been recognised by the 1999 act in India, and their registration has been allowed. Not only shape of goods but also that of packaging has also been allowed as a trademark. They were recognised and allowed registration in the UK by the trade marks act, 1994. Shape trademarks have to fulfil the requisite of distinctive character mentioned in section 9(1) and it should not be confusingly similar as required…

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Rights conferred by registration application and registration of trademark

Rights conferred by registration application:        Certain rights best by mere fact of applying for registration of a trademark. It serves as evidence of adoption and selection of trademark for stated goods or services. It enjoys priority against identical or similar marks pending registration for same or similar goods or services, if similar marks is applied or used after the date of application. This priority of six months is applicable in all members of the Paris convention and…

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Do you want to know the three major rights of well known trademarks?

Three major rights of well-known trademarks: Three major rights vindicate any trademark including the well known trademark. It has been seen above that as per section 11 (6) to section 11 (9) a trademark which is not having a reputation in India can be designated as a well-known trademark.  Indian courts have been validating foreign reputation of a trademark as reputation in India by the principle of trans border reputation, however, it remains to be seen in each case, how much…

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The trademark- “History and its Modern Role”

The role of the trademark is what facilitates and provides more beneficiary things to the users and the producers. How the trademark evolution from the earlier times to the modern age is going to be discussed here. Historical role constituted a liability: The history of trademarks,  is traced to the middle ages. They were used even at that point of time as indicators of source, but constituted a liability. Role- Indicators of source: Historically, a trademark was to indicate only…

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Find good products to the customers that build great companies

All enterprises market either brand (trademarks)or products. What makes an enterprise succeed are not products but brands. Yet very often when planning new ventures, the entrepreneurs or the business policy makers talk only about the product; mentioning brands is very rare. The difference between products and brands is fundamental. So much so, the entire market approach has been linked with brands or trademarks. Conventional Approach: The conventional marketing approach of dividing new ventures, into newness of product or newness of…

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