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TRADEMARK LICENSE AGREEMENT
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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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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 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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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 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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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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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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ASSIGNMENT OF RIGHTS IN THE NOVEL/BOOK FOR PRODUCTION OF A CINEMATOGRAPHIC FILM
The author of a novel desires to assign the rights in the novel/book for making a cinematographic film based on the said novel. This is a precedent of an assignment of rights in the novel/book for making of a cinematographic film.
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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 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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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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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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