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TRADEMARK APPLICATION FOR REGISTRATION OF DEVICE MARK BEFORE TRADEMARK REGISTRY
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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 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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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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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 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 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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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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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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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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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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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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