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Details required for trademark registration

1. The name of applicant ……………….,
2. The Address of applicant ……………….,
3. The name of mark ……………….,
4. The email id of applicant ……………….,
5. The phone No. of applicant ……………….,
6. The Label/Logo, if any ……………….,
7. The Firm name of applicant ……………….,
8. The Goods/services of applicant ……..….,
9. The date of use of mark ……………….,

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Trademarks | Registrations | Copyrights

Trademark Registration

A trademark is your identification which could be in form of a word, Label, Logo, slogan, punchline etc. to be used to ....

Litigation of Trademark

Registered trademark provides a bundle of exclusive rights to the registered proprietor of the trademark. It includes the ....

Trademark Opposition

On Acceptance of the trademark u/s.20(1), it is Advertised in the Trademark Journal for a mandatory period of 4 month. During ....

Replies against objections

Once an application for trademark registration is filed, it is being checked thoroughly by ....

Review of Refused mark

Normally, the objections are raised by the Examiner for the violation of legal provisions and against the similarity with earlier marks on ....

Sale–Purchase–Assignment

A trademark can be sell & purchase on payment of a suitable amount. A person can purchase a ....

Pvt Ltd Co.

The most trusted organisation, which is acknowledged by the industry, the trade as well as the government is known as ....

LLP

A limited liability partnership is a firm, a legal entity which is made by its partners with objectives of a lesser responsibilities. It provides ....

Society

Society Registration can be made under the society is Registration Act, 1860. The societies are made especially for ....

Due Amount Recovery

Simply, it is the process where the amount due between the parties is recovered using civil methods. It is different from the ....

Criminal Complaints

An act which is done with an intent to harm the persons is called as a criminal act and in the remedies a complaint to be called ....

RERA, Real Estate case

Real Estate Regulatory Authority is formed by the government under legal provisions. It includes the provisions related with ....

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Hearing of Trademark under section 19 of the Trade Marks Act, 1999 –
We are dealing with the trademark affected and are fixed for a hearing Under Section 19 and/or 57 of The Trade Marks Act, 1999. A compliance with filing of the certain documents, evidence along with making the Arguments before the Hearing officer, such trademarks can be saved and avail those all the amenities as a registered trademark.

Section 19 in The Trade Marks Act, 1999

19. Withdrawal of Acceptance —
Where, after the acceptance of an application for registration of a trademark but before its registration, the Registrar is satisfied—

(a) that the application has been accepted in error; or

(b) that in the circumstances of the case the trade mark should not be registered or should be registered subject to conditions or limitations or to conditions additional to or different from the conditions or limitations subject to which the application has been accepted, the Registrar may, after hearing the applicant if he so desires, withdraw the acceptance and proceed as if the application had not been accepted.

Hearing of Trademark under section 57 of the Trade Marks Act, 1999 –

Section 57 in The Trade Marks Act, 1999

57. Power to cancel or vary registration and to rectify the register.—

(1) On application made in the prescribed manner to the Appellate Board or to the Registrar by any person aggrieved, the tribunal may make such order as it may think fit for cancelling or varying the registration of a trade mark on the ground of any contravention, or failure to observe a condition entered on the register in relation thereto.

(2) Any person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the prescribed manner to the Appellate Board or to the Registrar, and the tribunal may make such order for making, expunging or varying the entry as it may think fit.

(3) The tribunal may in any proceeding under this section decide any question that may be necessary or expedient to decide in connection with the rectification of the register.

(4) The tribunal, of its own motion, may, after giving notice in the prescribed manner to the parties concerned and after giving them an opportunity of being heard, make any order referred to in sub-section (1) or sub-section (2).
(5) Any order of the Appellate Board rectifying the register shall direct that notice of the rectification shall be served upon the Registrar in the prescribed manner who shall upon receipt of such notice rectify the register accordingly.

Above is the legal provision to deal with the certain situation in a trademark. Once a trademark is granted its registration after completion of the due process, the Registrar of the Trademarks has no powers to intervene into. But, in a few cases where the due process of law is overlooked and the grant of the Trademark is done with apparent flaws, overlooking/overriding the legal provisions, under the situation, the Act provides specific powers to the Registrar to look into the matter and pass such an appropriate orders and rectify the register in public interest and to come in the line of the Law.

Section 19 provides a narrow escape to the applicant. Sec.19 gives no scope / power to the Registrar, but Sec.57 gives a full authority to the Registrar on its own without intervention of the user.