Act for Acts
Alteration and correction of Register Here, we are going to discuss about the rectification of trademarks. Rectification in the sense, correction and alteration in the Trademark register, where the registered trademarks are placed. Mistake is common in human era. So, the Trademarks Act 1999, provides the alteration and correction option in its laws. Section 58(1) providers for correction of errors […]
Continue reading »Trade Marks Act, 1999 Notes on Clauses.-This clause provides for registration of parts of trademarks and of trademarks as a series subject to certain conditions enumerated therein. This corresponds to section 15 of the existing Act, except consequential amendments to cover services. Comments-This section provides for registration of parts of a trademark label and also trademarks as a series. This […]
Continue reading »Trademark registration as registered user – Trademark registration in Tirupur Notes on Clauses -This clause provides for trademark registration as registered user and largely corresponds to the existing sections 49 and 52. The clause sets out the procedure for making application and such registration, on completion of which the Registrar may register the proposed user for the goods or services […]
Continue reading »Introduction to Copyright Registration – Trademark registration in Cochin Copyright it is a form of intellectual property. With advancement in technology it is very easy to copy. The basic test in actions based on the infringement of the copyright is that if a thing fetches a price, it can always be copied and therefore, it needs adequate protection. It is […]
Continue reading »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 »Trade Marks Act, 1999 Notes on Clauses – This clause deals with the assignability and transmissibility of a registered trademark whether with or without goodwill of the business either in respect of all goods or services or part thereof. This corresponds to section 37 of the existing Act. The only change which is consequential is in relation to the provision for […]
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 […]
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