Trade Mark
Trade Mark
A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.
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SUIT FOR PASSING OFF THE TRADEMARK
The Plaintiff is a leading global provider of Computer Software and Online Services. The Defendant is attempting to use popular mark/trade mark of the Plaintiff for the similar services. This is the precedent of a suit restraining the Defendant from using the said mark and from passing of its services as of Plaintiffs are for consequential reliefs.
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SUIT FOR INFRINGEMENT OF TRADE MARKS, COPYRIGHT AND PASSING OFF (COMPOSITE ACTION)
This is the precedent of the suit/plaint for infringement of Trademarks, copyright and passing off (Composite Action) to restrain the Defendant from infringing the Plaintiff’s trademark, copyright and pass off the Plaintiff’s goods as of Defendant and for consequential reliefs.
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TRADEMARK LICENSE AGREEMENT
This is a precedent of Trade Mark License Agreement whereby the Owner and Proprietor of registered Trade Marks is giving license to use the Trade Marks on the agreed terms.
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ASSIGNMENT OF TRADEMARK
This is a precedent of an agreement for assignment of registered Trade Mark by the Owner/Proprietor of Trade Mark to a third party.
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ASSIGNMENT OF TRADEMARKS ALONG WITH THE BENEFIT OF APPLICATIONS FOR REGISTRATION OF TRADEMARKS
This is a precedent of an agreement for assignment of Trade Marks along with the benefit of pending applications for registration of Trade Marks.
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TRADEMARK APPLICATION FOR REGISTRATION OF DEVICE MARK BEFORE TRADEMARK REGISTRY
These are the precedents of the Application for registration of a Device Trade Mark along with the authorization form and affidavit in use of the Trade Mark to be submitted to the Trade Mark Registry along with prescribed fee. The affidavit is use normally is to be filed if the Applicant’s use of the Trade Mark is prior to the date of the Application.
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TRADEMARK APPLICATION FOR REGISTRATION OF WORD MARK BEFORE TRADEMARK REGISTRY
These are the precedents of the Application for registration of a Word Trade Mark along with the authorization form and affidavit in use of the Trade Mark to be submitted to the Trade Mark Registry along with prescribed fee. The affidavit is use normally is to be filed if the Applicant’s use of the Trade Mark is prior to the date of the Application.
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REPLY TO OBJECTIONS RAISED IN EXAMINATION REPORT OF THE REGISTRAR OF TRADE MARKS TO THE TRADE MARK APPLICATION
The Application for registration of a trade mark is submitted to the Trade Mark Registry. Upon scrutiny, the Trade Mark Office has raised certain objections by preparing Examination Report and which examination report is required to be dealt with. This is a precedent of the standard reply to the examination report of The Registrar of Trade Marks.
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NOTICE OF OPPOSITION TO APPLICATION FOR REGISTRATION OF A TRADE MARK
The Trade Mark is advertised in Trade Mark Journal before it gets registered. This is the precedent of Notice of Opposition (TM-O) to be filed by the Party who wishes to oppose the registration of the advertised Trade Mark.
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AFFIDAVIT OF EVIDENCE IN SUPPORT OF OPPOSITION TO THE NOTICE OF OPPOSITION TO THE APPLICATION FOR REGISTRATION OF TRADE MARK
The Trade Mark is advertised in Trade Journal, Notice of Opposition and Counter Statement to Notice of Opposition are filed. This is the precedent of Affidavit of Evidence in support of opposition to be filed by the party who is opposing the registration of the Trade Mark.
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COUNTER STATEMENT TO THE NOTICE OF OPPOSITION TO THE REGISTRATION OF THE TRADE MARK
This is the precedent of Counter Statement (by the Applicant) to the Notice of Opposition filed under Trade Marks Act, 1999 opposing the registration of the Trade Mark advertised in Trade Journal.
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SUIT BASED ON PERSONALITY RIGHTS
The Plaintiff is a Celebrity having personality rights. The Defendant is wrongfully attempting to use Plaintiff’s name and other personality rights without the consent of the Plaintiff for commercial gain. This is a precedent of suit based on personality rights for an injunction and consequential reliefs.
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