Marginal note: Descriptive certification mark. Marginal note: Register under Unfair Competition Act. Marginal note: Trademarks registered before Unfair Competition Act.
Marginal note: Trademarks registered under Unfair Competition Act. Marginal note: Requirements for application. Marginal note: Further evidence in certain cases.
Marginal note: Registration to be restricted. Despite section 47, that period cannot be extended. Marginal note: Application deemed never filed. However, any fees paid in respect of the application shall not be refunded to the applicant.
Marginal note: Date of application abroad deemed date of application in Canada. Marginal note: How and when evidence must be furnished. Marginal note: When applications to be refused. If the Registrar is not so satisfied, the Registrar shall cause the application to be advertised in the prescribed manner. If the Registrar withdraws the advertisement, the application is deemed never to have been advertised.
The counter statement need only state that the applicant intends to respond to the opposition. Marginal note: Deemed withdrawal of opposition. Marginal note: Deemed abandonment of application. He or she shall notify the parties of the decision and the reasons for it. Marginal note: Division of divisional application. Marginal note: Registrar may require amendment. Marginal note: Failure to furnish statement. Marginal note: Registrar may request evidence of use.
Those parties shall, in the prescribed manner and within the prescribed time, serve on each other any written representations that they submit to the Registrar. The registration is deemed to have been expunged at the expiry of the initial period or the last renewal period. Marginal note: Renewal for goods or services. Marginal note: Where two or more persons interested.
Marginal note: Removal of recording or registration. Marginal note: Owner may be required to take proceedings. Marginal note: Use of trademark by related companies. Marginal note: Where difference in composition. Definition of pharmaceutical preparation. Marginal note: Trafficking in labels or packaging. Marginal note: No importation or exportation. Marginal note: Agricultural products or food. Marginal note: Customs transit or transhipment control. The Minister may, at the request of the owner of the protected mark, extend the period for two years, and may do so more than once.
Marginal note: Provision of information by customs officer. Marginal note: Provision of information to pursue remedy. At the request of the owner made while the goods are detained for the purpose of enforcing section Marginal note: Restriction on information use — section Marginal note: Restriction on information use — subsection Marginal note: Exception — paragraph 1 a.
Marginal note: Exception — paragraph 1 c. Marginal note: Joint and several or solidary liability. Marginal note: Customs Act. Marginal note: Damages against trademark owner. Indian Trademarks Act presentation with case study of 1. SBL Limited v.
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Sign Up. Upcoming SlideShare. Trademark shraddha singhi. Embed Size px. Start on. Show related SlideShares at end. WordPress Shortcode. Share Email. Top clipped slide. Trademark Act, Apr. Saurabh Gupta Follow. Saving for vested rights.
Saving for use of name, address or description of goods or services. Saving for words used as name or description or an article or substance or service. Power of registered proprietor to assign and give receipts. Assignability and transmissibility of registered trade marks.
Assignability and transmissibility of unregistered trade marks. Restriction on assignment or transmission where multiple exclusive rights would be created. Restriction on assignment or transmission when exclusive rights would be created in different parts of India.
Conditions for assignment otherwise than in connection with the goodwill of a business. Assignability and transmissibility of certification trade marks. Assignability and transmissibility or associated trade marks. Registration of assignment and transmissions. Use of Trade Marks and Registered Users.
Proposed use of trade mark by company to be formed, etc. Removal from register and imposition of limitations on ground of non-use. Registered users. Registration as registered user. Power of Registrar for variation or cancellation of registration as registered user. Power of Registrar to call for information relating to agreement in respect of registered users. Right to registered user to take proceedings against infringement. No right of permitted user to take proceedings against infringement.
Registered user not to have right of assignment or transmission. Use of one of associated or substantially identical trade marks equivalent to use of another. Use of trade mark for export trade and use when form of trade connection changes.
Rectification and Correction of the Register. Power to cancel or vary registration and to rectify the register. Correction of register. Alteration of registered trade marks. Adaptation of entries in register to amended or substituted classification of goods or services. Special provisions for collective marks.
Collective mark not be misleading to character or significance. Application to be accompanied by regulations governing use of collective marks. Acceptance of application and regulations by Registrar.
Regulations to be open to inspection. Amendment of regulations. Infringement proceedings by registered proprietor of collective mark. Additional grounds for removal of registration of collective mark. Certain provisions of this Act not applicable to certification trade marks. Registration of certification trade marks. Applications for registration of certification trade marks. Consideration of application for registration by the Registrar. Opposition to registration of certification trade marks.
Filling of regulations governing the use of a certificate trade mark. Infringement of certification trade marks.
Acts not constituting infringement of certification trade marks. Cancellation or varying of registration of certification trade mark. Rights conferred by registration of certification trade marks.
Special Provisions for Textile Goods. Textile goods. Restriction on registration of textile goods. Stamping of piece goods, cotton yarn thread. Determination of character of textile goods by sampling. Establishment of Appellate Board. Composition of Appellate Board.
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