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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
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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 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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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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SUIT FOR PREVENTION OF MISUSE OF CONFIDENTIAL INFORMATION/DATA/TRADE SECRETS
This is the suit for Prevention of misuse of Confidential Information/Data/Trade Secrets. The Defendant being an ex-employee of the Plaintiff is attempting or misusing confidential information, data and trade secrets of the Plaintiff.
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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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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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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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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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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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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 OF TERMINATION OF LEAVE AND LICENSE AGREEMENT
This is a precedent of notice of termination of Leave and License Agreement before expiry of the licensed period in accordance with terms and conditions of the agreement and seeking possession of the premises from the Licensee.
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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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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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