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| "TRADE MARK" MEANS- |
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I. IN RELATION TO CHAPTER X (OTHER THAN SECTION
81), A REGISTERED TRADE MARK OR A MARK USED IN RELATION TO GOODS
FOR THE PURPOSE OF INDICATING OR SO AS TO INDICATE A CONNECTION
IN THE COURSE OF TRADE BETWEEN THE GOODS AND SOME PERSON HAVING
THE RIGHT AS A PROPRIETOR TO USE THE MARK ; AND
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IN RELATION TO THE OTHER PROVISIONS OF THIS
ACT, A MARK USED OR PROPOSED TO BE USED IN RELATION TO GOODS
FOR THE PURPOSE OF INDICATING OR SO AS TO INDICATE A CONNECTION
IN THE COURSE OF TRADE BETWEEN THE GOODS AND SOME PERSON HAVING
THE RIGHT, EITHER AS A PROPRIETOR OR AS A REGISTERED USER, TO
USE THE MARK WHETHER WITH OR WITHOUT ANY INDICATION OF THE IDENTITY
OF THAT PERSON, AND INCLUDES A CERTIFICATION TRADE MARK REGISTERED
AS SUCH UNDER THE PROVISION OF CHAPTER VIII.
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MARK- INCLUDES
A DEVICE, BRAND, HEADING, LABEL, TICKET NAME, SIGNATURE, WORD, LETTER
OR NUMERAL OR ANY COMBINATION THEREOF.
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| 1. |
A TRADE MARK
SHALL NOT BE REGISTERED IN
PART A OF THE REGISTER. UNLESS IT CONTAINS
OR CONSISTS OF AT LEAST ONE OF THE FOLLOWING ESSENTIAL PARTICULARS,
NAMELY,- |
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A. THE
NAME OF THE COMPANY,
INDIVIDUAL OR FIRM REPRESENTED
IN A SPECIAL OR A PARTICULAR
MANNER; |
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B. THE
SIGNATURE OF THE APPLICANT
FOR REGISTRATION OR SOME PREDECESSOR
IN HIS BUSINESS; |
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C. ONE
OR MORE INVENTED WORDS; |
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D. ONE
OR MORE WORDS HAVING NO
DIRECT REFERENCE TO THE
CHARACTER OR QUALITY OF
THE GOODS AND NOT BEING, ACCORDING
TO ITS ORDINARY SIGNIFICATIONS, A
GEOGRAPHICAL NAME OR A SURNAME OR A
PERSONAL NAME OR ANY COMMON
ABBREVIATION THEREOF OR NAME
OF THE SECT, CASTE OR TRIBE IN INDIA; |
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E. ANY
OTHER DISTINCTIVE MARK. |
| 2. |
A NAME,
SIGNATURE OR WORD, OTHER THAN SUCH AS FALL WITHIN THE
DESCRIPTIONS IN CLAUSES A, B, C, AND D OF SUB-SECTION(1)
SHALL NOT BE REGISTRABLE IN PART A OF THE
REGISTER EXPECT UPON EVIDENCE OF ITS DISTINCTIVENESS. |
| 3. |
A TRADE MARK
SHALL NOT BE REGISTERED IN PART B OF THE
REGISTER UNLESS THE TRADE MARK IN RELATION TO
GOODS IN RESPECT OF WHICH IT IS PROPOSED
TO BE REGISTERED IS DISTINCTIVE, OR IS NOT DISTINCTIVE BUT
IS CAPABLE OF DISTINGUISHING GOODS
WITH WHICH THE PROPRIETOR
OF A TRADE MARK IS OR
MAY BE CONNECTED IN THE
COURSE OF TRADE FROM
GOODS IN THE CASE
OF WHICH NO SUCH
CONNECTION SUBSISTS, EITHER GENERALLY
OR, WHERE THE TRADE MARK IS
PROPOSED TO BE REGISTERED
SUBJECT TO LIMITATIONS, IN RELATION TO USE WITHIN THE EXTENT
OF THE REGISTRATION. |
| 4. |
IN DETERMINING
WHETHER A TRADE MARK IS DISTINCTIVE
OR IS CAPABLE OF DISTINGUISHING
AS AFORESAID, THE TRIBUNAL MAY HAVE REGARD TO THE EXTENT TO
WHICH- |
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A. A TRADE
MARK IS INHERENTLY DISTINCTIVE OR
IS INHERENTLY CAPABLE OF DISTINGUISHING AS
AFORESAID; AND |
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B. BY REASON
OF THE USE OF THE TRADE MARK OR OF ANY OTHER CIRCUMSTANCES,
THE TRADE MARK IS IN FACT SO ADAPTED TO DISTINGUISH
OR IS IN FACT CAPABLE OF DISTINGUISHING
AS AFORESAID. |
| 5. |
WHERE
AN APPLICATION IS MADE FOR
THE REGISTRATION OF TRADE MARKS
WHICH FALSELY SUGGESTS A CONNECTION WITH
ANY LIVING PERSON, OR A PERSON
WHOSE DEATH TOOK PLACE WITHIN
TWENTY YEARS PRIOR TO DATE OF
APPLICATION, THE REGISTRAR MAY, REQUIRE
A CONSENT IN WRITING FROM THE
LIVING PERSON OR OF A
LEGAL REPRESENTATIVE OF
THE DECEASED PERSON TO
FURTHER PROCEED WITH THE APPLICATION
FOR REGISTRATION. |
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| 1. |
A MARK- |
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A. THE USE OF
WHICH COULD BE LIKELY TO
DECEIVE OR CAUSE CONFUSION;
OR |
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B. THE USE OF
WHICH COULD BE CONTRARY TO
ANY LAW FOR THE TIME BEING
IN FORCE; OR |
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C. WHICH COMPRISES
OR CONTAINS ANY SCANDALOUS OR OBSCENE
MATTER; OR |
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D. WHICH COMPRISES
OR CONTAINS ANY MATTER LIKELY TO HURT
THE RELIGIOUS SUSCEPTIBILITIES OF ANY CLASS OR SECTION
OF THE CITIZENS OF INDIA; OR |
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E. WHICH COULD
OTHERWISE BE DISENTITLED TO PROTECTION
IN A COURT SHALL NOT BE REGISTERED AS A TRADE
MARK |
| 2. |
NO TRADE MARK
WILL BE REGISTERED IN RESPECT
OF ANY GOODS OR DESCRIPTION
OF GOODS WHICH IS IDENTICAL TO A
TRADE MARK ALREADY REGISTERED IN THE NAME OF A DIFFERENT PROPRIETOR
IN RESPECT OF SAME GOODS OR DESCRIPTION
OF SAME GOODS. |
| 3. |
NO WORD WHICH
IS COMMONLY USED AND ACCEPTED NAME
OF A SINGLE CHEMICAL ELEMENT OR SINGLE
CHEMICAL COMPOUND (AS DISTINGUISHED
FROM A MIXTURE) SHALL BE REGISTERED
AS A TRADE MARK IN RESPECT
OF CHEMICAL SUBSTANCE OR
PREPARATION AND ANY SUCH
REGISTRATION SHALL , NOT WITH
STANDING ANYTHING IN SECTION 32, BE
DEEMED FOR THE PURPOSES OF SECTION
56 TO BE AN ENTRY MADE IN THE REGISTER
WITHOUT SUFFICIENT CAUSE OR AN ENTRY WRONGLY
REMAINING ON THE REGISTER, AS THE CIRCUMSTANCES MAY REQUIRE |
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| 1. |
THERE ARE 42 DIFFERENT CLASSES
DISTINGUISHING THE GOODS / SERVICES. |
| 2. |
THE APPLICATION SHALL NOT
BE MADE IN RESPECT OF GOODS / SERVICES COMPRISED IN MORE THAN ONE PRESCRIBED
CLASS OF GOODS. |
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SEPARATE APPLICATION IS TO BE MADE
FOR THE SAME MARK IF THE GOODS REPRESENT DIFFERENT CLASSES. |
| 1. |
FULL
NAME, ADDRESS & NATIONALITY OF
APPLICANTS. |
| 2. |
DESCRIPTION
OF TRADE MARK, TWO PRINTS IF
THE TRADE / SERVICE MARK IS IN LABEL
FORM. |
| 3. |
LIST
OF ALL ITEMS / GOODS / SERVICES TO WHICH
THE TRADE / SERVICE MARK IS APPLIED OR
PROPOSED TO BE APPLIED FOR. |
| 4. |
DATE
SINCE USED, IF THE TRADE /
SERVICE MARK IS
ALREADY BEING USED IN INDIA. |
| 5. |
LIST
OF COUNTRIES WITH DATE, WHERE THE
TRADE / SERVICE MARK HAS ALREADY BEEN APPLIED
FOR, IF ANY. |
| 6. |
POWER OF ATTORNEY. |
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| 1. |
THE APPLICATION
IS EXAMINED BY THE TRADE MARK
OFFICE AND OBJECTIONS IF ANY , ARE
RAISED. |
| 2. |
AFTER
CLEARING THE OBJECTIONS, IF ANY,
THE MARK IS ADVERTISED. |
| 3. |
THE
REGISTRATION CERTIFICATE IS
ISSUED, IF THERE IS NO
OPPOSITION BY THE THIRD
PARTY WITHIN 3 MONTHS EXTENDABLE
TO 1 MONTH OF ADVERTISEMENT. |
| 4. |
IN CASE
OF OPPOSITION REGISTRATION CERTIFICATE
IS ISSUED WHEN THE OPPOSITION
IS DISMISSED. |
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| UNLIMITED - AS LONG AS
IT RENEWED AS PER LAW. |
| THE TRADE MARK ONCE REGISTERED
HAS TO BE RENEWED AFTER EVERY
10 YEARS. |
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