trade mark registration

Summary of Objects – Company Registration in Coimbatore

Objects Clause in English Companies Act, 2006 Under English Companies Act, 2006 a provision as to objects is required to be made in the articles of association. Section 31(1) of English Companies Act, 2006 provides that unless the company’s articles specifically restrict the objects of the company, its objects are unrestricted. Effect of amendment on statement of objects The effect of the Clauses (c) and (d) of section  13(1) of the 1956 Act as amended by the Act 31 of…

Read More

Corrections and Amendments – Trademark Registration in Coimbatore

Corrections and amendments: – Trademark Registration in Coimbatore The registrar may think at any time with such terms, whether before or after the acceptance of an application for the trademark registration as per the section 18, which permits the corrections of any error in or having a connection with the application or permit the amendment of an application: Provided that if an amendments or corrections are made to a single application referred to in sub-section(2) of section 18 involving the decision…

Read More

Collective marks -Trademark Registration in Coimbatore

Collective marks: – Trademark Registration in Coimbatore The provisions contained in section 61 to 68. Which deals with registration of collective marks, are new. These were not present in the first trademarks act, 1940 or the recently repealed and merchandise marks act, 1958. Article 7b is of the Paris Convention for protection of industrial property deals with collective marks. It is obligatory on a member country to accept for filing and to protect, in accordance with the national law collective…

Read More

Infringement of registered trade mark

Infringement of registered trade mark:   A registered trademark is infringed by a person who is not a registered person or a proprietor using with the way of permitted use, who uses in the course of trade, a trademark that is deceptively similar to or identical with, the trademark which is in relation to goods or services with respect to the trademark registered in such a manner as to render the use of the mark likely to be taken as…

Read More

What is the difference between passing off and infringement?

The conceptual difference – passing off and infringement: Passing off action is based on the common law principle that nobody has any right to represent his goods as somebody else. Such action is recognized both in respect of unregistered as well as registered marks. An action for infringement, on the other hand, is based on the right acquired by registration under the act and is possible only in respect of registered trademarks. An action for infringement is a statutory right.…

Read More