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TRADEMARK APPLICATION FOR REGISTRATION OF WORD MARK BEFORE TRADEMARK REGISTRY
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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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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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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 PASSING OFF THE TITLE OF THE FILM (TRADE MARK)
The plaintiff is the owner and proprietor of the trademark being the title of the cinematographic film. The plaintiff’s application for registration of the trademark being the title of the film is pending. The defendant is attempting to make a film based on plaintiff’s title and pass off his film as the plaintiff’s film or remake of the plaintiff’s film or in any kind encashing the plaintiff’s goodwill. This is the suit for restraining the defended from doing so and for consequential reliefs.
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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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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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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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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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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 TRADEMARK INFRINGEMENT
This is the precedent of the suit/plaint for restraining the Defendant from infringing the Plaintiff’s trademark and for consequential reliefs. The Plaintiff is the owner and proprietor of the registered trademark. The Defendant is intentionally infringing the Plaintiff’s trademark.
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NOTICE FOR INFRINGEMENT OF COPYRIGHT IN THE RELEASED FILM
The precedent of a Notice for infringing copyright in the Film. The Producers are the Owners of copyright in the already released Cinematographic Film. Someone is by making a new film infringing the copyright of the said released film.
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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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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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