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Rectification of trademark Rectification depends on the changes in the Trademark Registry. The Trademarks Registry is a registry which is carried by the Controller general of Trademarks and Copyrights. The trademark registry is having the relevant information about the registered trademarks like name and address of the proprietor and description of classes of goods and services and the owner of […]

Importance of Trademark Registration Everyone wants to do a business with unique name. The unique name provides you a better identification among your rivals. Once you declare a unique name as your brand name or trade name, you have the right to registered it. Though this registration processes, you can protect your name from third party usage. This registration provides […]

Suit for injunction to protect the registered trademark Section 29 of Trademarks Act, 1999 describes the suit for injunction. In my view, the defendant cannot be said to have committed the tort of passing off if the test set out above are applied to the facts obtaining in the instant case. The defendant’s trademark “BELLS WHIP TOPPING” when looked at […]

Types of Trademarks respect to Trademarks Act, 1999 Trademarks are different types with respect to Trademarks Act, 1999. The Trade and Merchandise Marks Act, 1958, do not provide the clear idea about the Trademarks. The Trademarks Act, 1999 (an amended Act of Trade and Merchandise Marks Act, 1958) clearly mentions about the different types of trademarks. Trademark is nothing but […]

Author Assignment of his Literary Work  In order to lay a claim of copyright and seek for any order of restraint against any person under the provisions of the Copyright Act, 1957 in particular, Section 17 of the Act, it is stated that the Author of a work shall be the first owner of the copyright therein. Under proviso (a) […]

Pre-Censorship of Films – Principles Reiterated In the several decisions handed down involving the censoring of documentary and feature films, the Supreme Court has interpreted the provisions of the Cinematograph Act, 1952 (“CA”), the Guidelines under Section 5-B thereof in light of Articles 19 (1) (a) and 19 (2) of the Constitution of India. One of the early cases on […]

Principle of Exhaustion of Rights – Parallel Importation Section 29 and section 30 of the Trademarks act, 1999 describes the principle of Exhaustion of rights of parallel importation of trademarks. Defendants distributing, retailing and selling grey market printers of the plaintiffs in the market and not the ones supplied by the plaintiff. The Printers being sold by the defendants without […]

Challenge to injunction  Section 29 and 35 of the Trademarks Act, 1999 mentions the challenge to injunction of Trademark. As against the facts in the above referred decisions, in the instant case though the word ‘South’ is used, I have already discussed in detail about the manner in which it has been employed. Keeping in view the nature of business […]

Interpretation or Cancellation of Trademark Sections 46(1)(b), 48(1), 48(2) and 56 of the Trade and Merchandise Marks Act,  read as under “Section 46 – interpretation or Removal from register and imposition of limitations on ground of non-use – (1) Subject to the provisions of section 47, a registered trademark may be taken off the register in respect of any of […]

Infringement of Trademark of Google Adwords – Trademark Registration in Cochin Section 29 of the Trademarks Act, 1999 provides the details about the Trademark Infringement process and procedures. In the third document filed by Google viz., Adwords and AdSense Trademark Policy, it is stated that depending upon the region in which trademark rights are asserted, Google would investigate the use […]