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AFFIDAVIT OF EVIDENCE IN SUPPORT OF COUNTER STATEMENT TO THE NOTICE OF OPPOSITION TO THE REGISTRATION OF THE TRADE MARK
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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 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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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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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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AFFIDAVIT IN LIEU OF EXAMINATION IN CHIEF TO BE FILED BEFORE THE ARBITRATOR UNDER ORDER XIX READ WITH ORDER XVIII RULE 4 OF THE CODE OF CIVIL PROCEDURE, 1908
The Examination of a witness by a party who calls him shall be called his examination in Chief. It is a province of a party by whom the witness is called to examine him in chief for the purpose of eliciting from the witness all the material facts within his knowledge which tend to prove the party's case. This is a precedent of an affidavit in lieu of examination in chief to be filed under Order XIX read with Order XVIII Rule 4 of The Code of Civil Procedure, 1908.
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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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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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NOTICE OF INTENTION TO RETIRE FROM A PARTNERSHIP FIRM
These are the precedents of notice of intention to retire from a partnership firm in terms of the Partnership Deed and subsequent public notice to be published upon retirement.
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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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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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NOTICE TO BORROWERS AND THE GUARANTORS UNDER SECTION 13 (2) OF SARFAESIA, 2002 BY BANKS/FINANCIAL INSTITUTIONS
This is a precedent of notice by the Banks/Financial Institutions to the Borrower and the guarantors under Section 13 (2) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
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