Class 1. Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesive used in industry Class 2 . Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; […]
Can I apply for Trademark Mark which is Registered or Applied by others ? Yes
There are situations you can apply for trademark which is registered or applied by others. Here we explain you how. Why Applied For or Goods Type is important in decision making. The following 2 points are important. Prior User Different Goods Type. Example situations of Different Goods type. 1. ABC […]
Understanding Trademark Status on Search
Here are some of the most frequented status in the trademark search Status Meaning Send to Vienna Codification Stage : 1 – Registry Verifying if App is filed in correct Classification Formalities Chk Pass Stage : 2 – Application have passed all filing requirement Marked for Exam Stage 3 : […]
Whether registration of Trade Mark is compulsory under the Act?
No, Yes as per Indian Trademarks Act Registration is not compulsory. But for better protection its advisable to register your trademark or service-mark.
Whether any Appeal will lie to the High Court against the Order of the Appellate Board?
The Act is silent as to whether appeals against Orders of the Appellate Board will lie to the High Court. Since, the Appellate Board is considered to be a Appellate Tribunal like other Tribunals, it is presumed that the Writ Petition will lie to the appropriate High Court having Jurisdiction.
What are the relevant rules for IPAB?
The Central Government notified the following for functioning of IPAB: The Trade Marks (Applications and Appellate to the Intellectual Property Appellate Board) Rules, 2003 Appellate Board (procedure) Rules, 2003
Whether the Appellate Board is having powers to grant preventive relife?
The Appellate Board cannot pass any order of preventive relief by way of injunction order in Appellate proceedings. Therefore, the Appellate Board is not having any power as like that of Civil Court to grant order of interim or permanent injunction. But, any proceedings before the Appellate Board will be […]
What is the object of the Intellectual Property Appellate Board (IPAB)?
The object of the IPAB is to hear and decide all appeals from the decision and Order of the Registrar orJoint Registrar or Deputy Registrar or Assistant Registrar and in addition to the Appellate Board can also entertain the original Application for Rectification or Cancellation of a Mark under sec […]
What is meant by Intellectual Property Appellate Board?
The new TradeMarks Act, 1999 introduced for the first time the establishment of an Appellate Board unser the name of The Intellectual Property Appellate Board (IPAB) with effect from 15th September 2003. The Head Quarters of the Board is at Chennai, but a bench of the Appellate Board will sit […]
If any aggrieved person questions validity of Assignment or Transmission, then what will be the powers of Registrar?
Where the validity of an Assignment or Transmission is in dispute between the parties, the Registrar may refuse to register the Assignment or Transmission until the rights of the parties are determined by a Competent Civil Court.