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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
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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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PUBLIC INTEREST LITIGATION – WRIT OF MANDAMUS TO BE FILED BEFORE THE HIGH COURT COMPELLING THE GOVERNMENT AUTHORITY TO TAKE MEASURES UNDER THE PRESCRIBED ACT AND RULES FRAMED THEREIN
This is the precedent of Public Interest Litigation/Writ Petition for compelling the Government Authority to take measures under the prescribed Act (i.e. The Environmental (Protection) Act, 1986) and rules famed thereunder.
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WRIT OF CERTIORARI TO BE FILED BEFORE THE HIGH COURT (WRIT PETITION) CHALLENGING THE ORDER OF QUASI JUDICIAL AUTHORITY
This is the precedent of Writ of Certiorari to be filed before the Hon’ble High Court. The Writ of Certiorari can be filed for quashing the order already passed by an inferior court, tribunal or quasi-judicial authority. This is the Writ Petition challenging the Order of deemed conveyance by quasi Judicial authority in respect of Freehold property.
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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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WRIT OF CERTIORARI FOR QUASHING IMPUGNED NOTICES/ANALYSIS REPORTS UNDER FOOD SAFETY AND STANDARDS ACT, 2006
This is the precedent of the Writ of Certiorari for Quashing Impugned Notices/Analysis Reports Under Food Safety and Standards Act, 2006. Food, safety and standard authority of India has issued recall notices to the Petitioner for recall of the petitioner’s products from the market.
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CRIMINAL WRIT PETITION OF MANDAMUS FOR TRANSFER OF INVESTIGATION FROM ONE OFFICER TO ANOTHER INVESTIGATING OFFICER
This is the precedent of Criminal Writ Petition of Mandamus For Transfer of Investigation From One Officer To Another Investigating Officer. The First Information Report (FIR) is registered. The party feels Investigating Officer is favouring someone.
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CRIMINAL WRIT PETITION FOR QUASHING OF FIRST INFORMATION REPORT (FIR) UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973
This is the precedent of Criminal Writ Petition For Quashing Of First Information Report (Fir) Under Section 482 Of The Code Of Criminal Procedure, 1973. The first information report is registered against you by the investigating agency. The person feels the same is prime facie illegal and not maintainable.
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PUBLIC INTEREST LITIGATION – WRIT OF MANDAMUS ON ACCOUNT OF PUBLIC NUISANCE
The Respondent No. 2 is causing public nuisance to the public at large and particularly the residents of a locality. The Respondent No. 1, the Municipal Corporation being the government body, is not taking any steps to stop the public nuisance. This is the precedent of a Public Interest Litigation to be filed before the High Court seeking to restrain the Respondent No.2 from causing and continuing to cause such public nuisance and certain directions against the Respondent No. 1 to ensure that public nuisance is stopped.
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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 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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WRIT PETITION SEEKING A WRIT OF MANDAMUS UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA BY THE COLLEGE FOR GRANT OF RECOGNITION OF THE COURSE
This is a precedent of Writ of Mandamus filed before the Hon'ble High Court where a college is seeking grant of recognition of their course.
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SUIT FOR PASSING OFF THE TITLE OF THE FILM (TRADE MARK)
The plaintiff is the owner and proprietor of the trademark being the title of the cinematographic film. The plaintiff’s application for registration of the trademark being the title of the film is pending. The defendant is attempting to make a film based on plaintiff’s title and pass off his film as the plaintiff’s film or remake of the plaintiff’s film or in any kind encashing the plaintiff’s goodwill. This is the suit for restraining the defended from doing so 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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