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REPLY TO OBJECTIONS RAISED IN EXAMINATION REPORT OF THE REGISTRAR OF TRADE MARKS TO THE TRADE MARK APPLICATION
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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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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 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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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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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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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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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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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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AGENCY AGREEMENT FOR DISTRIBUTION OF A CINEMATOGRAPHIC FILM WITHIN INDIA FOR THEATRICAL RIGHTS ON MINIMUM GUARANTEED BASIS
This is a precedent of the agency agreement for distribution of the film within India for theatrical rights on minimum guaranteed basis.
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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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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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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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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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