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ASSIGNMENT OF TRADEMARK
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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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WRIT OF PROHIBITION/CERTIORARI/MANDAMUS UNDER TRADE MARKS ACT, 1999 FOR MAINTAINING REGISTERED TRADEMARK ON THE REGISTER ON THE GROUND OF NON SERVICE/NON ISSUANCE OF NOTICE U/S. 25 (3) OF THE TRADE MARKS ACT,1999 AND RULE 64 THE TRADE MARKS RULE, 2002
This is the precedent of the Writ of Prohibition/Certiorari/Mandamus Under Trade Marks Act, 1999 for maintaining Registered Trademark On The Register On The Ground Of Non Service/Non Issuance Of Notice U/S. 25 (3) Of The Trade Marks Act,1999 and Rule 64 The Trade Marks Rule, 2002. The Petitioner’s trademark is a registered trademark on the file of the trademarks registry. However, the trademark authority is threatening to remove the Petitioner’s trademark from the records of the registry of trademarks.
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APPLICATION TO THE INTELLECTUAL PROPERTY APPELLATE BOARD FOR REMOVAL OF REGISTERED TRADEMARK FROM THE TRADE MARK REGISTER /APPLICATION FOR RECTIFICATION OF THE TRADE MARK REGISTER
The Trade Mark is already registered and exists on the trade mark register of the Trade Mark Registry. One wishes to challenge the said registration of trade mark and desires to remove the same from the Trade Mark Register. The civil suit between the parties of infringement/passing off is also pending. This is a precedent of an application to be made to Intellectual Property Appellate Board along with affidavit of an evidence for removal of the trade mark from the register and/or rectification of the register.
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SUIT FOR PASSING OF THE TRADEMARKED DESIGN
This is the precedent of suit/plaint for restraining the Defendant from infringing the Plaintiff’s registered trademark and restraining the Defendant from doing so and for consequential reliefs. The Plaintiff is the owner and proprietor of the registered trademark which consist of unique design. The Defendant is using the said design in infringement of Plaintiff’s registered trademark.
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CEASE AND DESIST NOTICE FOR INFRINGEMENT OF TRADE MARK, BEING THE TITLE OF THE CINEMATOGRAPHIC FILM
This is the precedent of a Cease and desist Notice for infringement of the trademark being the title of the feature film. The producers are the registered proprietor of the trade mark being the title of the film. Someone is in infringement of the Producers’ proprietary right in the said title making a film with the same title.
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SUIT FOR INFRINGEMENT OF COPYRIGHT IN DESIGN
This is the precedent of the suit/plaint for restraining the Defendant from infringing the Plaintiff’s copyright in the design and for consequential reliefs. The Plaintiff is the owner and proprietor of the copyright in the design. The Defendant is intentionally infringing the Plaintiff’s copyright in the design.
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ASSIGNMENT OF RIGHTS IN THE PLAY FOR PRODUCTION OF A CINEMATOGRAPHIC FILM
"The play is already released. Someone desires to make a cinematographic film based on the said play. This is a precedent of an assignment of rights in the play for making a cinematographic film based on the play. "
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SUIT FOR INFRINGEMENT OF THE TRADEMARKED TITLE OF THE FILM
This is the precedent of suit/plaint restraining the Defendant from infringing the Plaintiff’s registered trademark and restraining the Defendant from releasing the cinematographic film with the said title and for consequential reliefs. The Plaintiff is the owner and proprietor of the registered trademark being the title of the cinematographic film. The defendant is attempting to make a film based on the plaintiff’s registered trademark title.
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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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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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ASSIGNMENT OF REMAKING RIGHTS OF A FILM IN A PARTICULAR LANGUAGE
The cinematographic film is already released. Somebody wants to remake the same in a particular language. This is a precedent of an assignment of a film in a particular language only.
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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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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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