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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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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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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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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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SUIT FOR INFRINGEMENT OF COPYRIGHT IN DESIGN
This is the precedent of the suit/plaint for restraining the Defendant from infringing the Plaintiff’s copyright in the design and for consequential reliefs. The Plaintiff is the owner and proprietor of the copyright in the design. The Defendant is intentionally infringing the Plaintiff’s copyright in the 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 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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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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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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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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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 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 REMAKING RIGHTS OF A FILM WITHOUT LIMITATIONS
The cinematographic film is already released. Someone desires to remake the said film in the same language or a different language. This is a precedent of an assignment of remaking rights of a film without limitations.
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