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REPLY TO OBJECTIONS RAISED IN EXAMINATION REPORT OF THE REGISTRAR OF TRADE MARKS TO THE TRADE MARK APPLICATION
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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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AFFIDAVIT OF EVIDENCE IN SUPPORT OF COUNTER STATEMENT TO THE NOTICE OF OPPOSITION TO THE REGISTRATION OF THE TRADE MARK
This is the precedent of an Affidavit of Evidence in support of the 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 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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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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COUNTER STATEMENT IN RESPONSE TO THE PETITION FOR CANCELLATION OF THE REGISTRATION OF DESIGN
The Petition is filed before the Controller of Patents and Designs for Cancellation of the registration of Design under the Design Act, 2000. This is a precedent of Counter Statement (Reply) to the Petition for the Cancellation of the registered Design.
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SUIT FOR INFRINGEMENT OF PATENT
This is the precedent of the plaint for restraining the defendant from infringing the plaintiff’s registered patent and for consequential reliefs. The plaintiff is the registered owner of the patent. The defendant is attempting to infringe the same.
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FRANCHISE AGREEMENT
This is a precedent of Franchise Agreement giving the franchise to open a store with right to use trademarks.
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AGENCY AGREEMENT FOR DISTRIBUTION OF A CINEMATOGRAPHIC FILM WITHIN INDIA FOR THEATRICAL RIGHTS ON MINIMUM GUARANTEED BASIS
This is a precedent of the agency agreement for distribution of the film within India for theatrical rights on minimum guaranteed basis.
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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 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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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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PETITION FOR CANCELLATION OF THE REGISTERED DESIGN
A particular design is registered under the Designs Act, 2000 and rules framed thereunder. The Applicant desires to challenge the same. These are the precedents of a petition for cancellation of the registered design along with Statement of facts and affidavit of evidence in support of the Petition.
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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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