Act for Acts
Correction and amendment: The registrar on such terms as he thinks at any time, whether before or after the acceptance of an application for registration as under the section 11, correction of any error will be permitted or in connection with the application or permit the amendment of the application: If an amendment is made to a single application which […]
Continue reading »Registrability of Trademarks -Legislative Approach The legislative intent regarding registrability of marks is to be gathered from the combined reading of the preamble, definition of “trademark”, “mark” and sections 9, 11, 12, 13 and 14. The definitions of “mark” and “trademark” are quite comprehensive. To constitute a trademark, it should be both- a mark capable of being represented graphically; and […]
Continue reading »Existing registered trade mark – Trademark Registration in Tirupur This sub-section defines the expression “existing registered trademark” to mean a trademark registered under the Trade and Merchandise Marks Act 1958 immediately before the commencement of the new Act. Definitions in the Rules The Trade Marks Rules, 2017, which came into force on 6th March, 2017 have replaced the earlier Trade Marks […]
Continue reading »Introduction to Hearing Section 21(5) requires the Registrar to afford an opportunity of a hearing to the parties before deciding the opposition. Section 131(2), however, makes it clear that the Registrar is not required to hear the parties before disposing off an application for extension of time, and no appeal shall lie from any order of the Registrar under this […]
Continue reading »Evidence in Opposition Process – Trademark Registration in Tirupur Section 21(4) provides that “any evidence upon which the opponent or the applicant may rely shall be submitted in the prescribed manner and within the prescribed time to the Registrar, and the Registrar shall give an opportunity to them to be heard if they so desire”. The rules framed under this […]
Continue reading »Appointment of Registrar and other officers – Trademarks Act, 1999 This clause corresponds to section 4 of the Trade and Merchandise Marks Act, 1958 and provides for appointment of the Registrar and other officers. Comments This section corresponds to section 4 of the Trade and Merchandise Marks Act, 1958. The section provides for appointment of a person designated as the […]
Continue reading »Copyrights and trademark registration – effect: The comparative scopes of a copyrights and trademark registration are different, even though where a design on a wrapper is registered under the copyrights act, there is, to an extent, an overlapping between the two remedies. Some controversy is no doubt possible if the mere jurisdiction of the court to entertain an action for […]
Continue reading »Refusal of registration- relative grounds- trademark registration in Cochin: As under the section 12, a trademark would not be registered if, because Its identity with the earlier trade mark and the similarity of goods or services which are covered by the trademark; or It is very similar to the earlier trademark and the similarity or identity of the goods or […]
Continue reading »International applications originating from India: Here, we are discussing about the international trademark applications which are originating from India and as well as the corresponding provision which is need to be fulfilled this process. Where an application for the registration of a trademark has been made under section 18 or a trademark has been registered under section 23, the applicant […]
Continue reading »Penalty for Applying False Trademark – Trademark Registration in Cochin This Article provides penalty for applying false trademark, trade description, etc. This Article corresponds to section 78 of the existing Act but removes the distinction between offences in relation to “drugs” or “food” on the one hand and other categories of goods on the other and seeks to enhance the […]
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