trade mark registration

All you need to know about trademark application -Trademark Registration

Filing of trademark application: Who can file a trademark application? A person who claims to be the proprietor of the trademark in relation to the goods or services can apply for the registration of a trademark. For making an application of trademarks, person includes a natural person, a body incorporate, a partnership firm, HUF, association of persons in case of collective trademarks, Joint proprietor, a society, a trust or government authority/undertaking. Jointly owned trademark: When two or more person who…

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How can we avoid trademark infringement?

A trademark infringement hinges on whether there is any  likelihood of confusion caused by the two marks at issue. Trademark protection provides the business the right to stop others from using the mark but only the infringement causes the likely confusion about the source of goods. Trademark infringement cases are expensive because the owner of the trademark needs to prove that the alleged infringers confusing the consumers. To identify the infringement damages, the owner must use data, experts and research…

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Alteration of trademark once it is registered

The alteration of trademark is clearly given in the section 59 which lays down the following conditions: If the public search for the trademark needs to be done again, then the alteration will not be allowed by the ministry. It will be allowed in case of changing the name of the business. It would be allowed if you want to change the address of your business. If any new license registration has been given or taken up, the alteration will…

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Rectification of & Removal from Register – Trademark

Legislation in all countries generally makes provision for removal of trademarks from the register to either correct wrongs or to take note of changed market situations. This process is referred as rectification of the register. The international agreements or treaties sometimes require mechanism in national legislation for cancelling registration in relation to certain specified reasons. It is necessary to have such provisions so that the adverse effects of a trademark registration, if any, on the trademark rights of other persons…

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What is the difference between Trademark Objection and Opposition?

In the trademark examination process, there are two main things may happen one is trademark opposition and another one is trademark objection. People often confuse between the opposition and objection, here we are going to discuss about that and have a clarification about the difference and the process. Basic difference to be noted is trademark objections will be raised by the trademark examiner whereas the trademark opposition will be raised by the third party. The third party may be any…

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