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AFFIDAVIT OF EVIDENCE IN SUPPORT OF OPPOSITION TO THE NOTICE OF OPPOSITION TO THE APPLICATION FOR REGISTRATION OF TRADE MARK
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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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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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CERTIFICATE UNDER SECTION 65(B) OF THE INDIAN EVIDENCE ACT TO BE FILED BEFORE THE ARBITRATOR
This is the precedent of Certificate under Section 65(B) of The Indian Evidence Act to be filed before the Arbitrator;
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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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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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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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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.
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 (4) of The Code of Civil Procedure, 1908 with averments to prove document u/s. 65 (B) of the Indian Evidence Act, 1872 along with requisite Certificate also with averment to prove documents by Secondary evidence.
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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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REPLY UNDER SECTION 13 (3A) OF SARFAESI, 2002 OF THE BORROWER/GUARANTORS TO STATUTORY NOTICE OF BANK/FINANCIAL INSTITUTION UNDER SECTION 13 (2) OF SARFAESIA, 2002
This is a precedent of reply under Section 13 (3A) of Sarfaesi, 2002 of the Borrower/Guarantors to statutory notice of Bank/Financial Institution under Section 13 (2) of Sarfaesi, 2002
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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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COUNTER STATEMENT TO THE NOTICE OF OPPOSITION TO THE REGISTRATION OF THE TRADE MARK
This is the precedent of 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 TRADE MARK REGISTRAR 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. This is a precedent of an application to be made to The Registrar of Trade Marks for removal of the trade mark from the register and/or rectification of the register.
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