Proposed use of trademarks and registered users
No application for trademark registration in favour of any goods are declined, nor shall authorization for such registration be keep or submit to use the trademark. If the registrar is provided that a company is registered and formed under the companies act 1956. The applicant wants to allocate the trademark to the company and their proposed goods.
Proposed use of trademarks
The board may, in an occurrence to that sub-section (1) registers need the applicant to provide security for the costs of any actions relative to any appeal or opposition may correctly provide may consider the application as discarded.
Where in an occurrence to which sub-section (1) requests, a trademark in favour of any goods is formed in the applicant name who depends on resolution to allocate the trademark to a company, unless such term as may be specified or within such further term is not more than six months. The company has been registered as the trademark proprietor in favour of those goods. The registration shall complete to have manage in favour at the termination of that period.
Removal from imposition of limitation and register
Concern to the stipulations of section 47, a registered trademark in approval of goods, which it is registered in specified method to a high court or to the registrar.
- The trademark was registered without any valid proofs for registration which it should be used in association to those goods by him.
- The application date is submitted before one month of your registration process with a consecutive term of five years or longer had proceed during which the trademark was registered.
Defensive registration of well-known trademarks
Where a trademark is containing of any created word has become as well-known as favour of any goods in relation to which it is registered and has been used. In association to other goods would be possible to be taken as specifying a relation between those goods. A person authorized to use the trademark in favour of the first specified goods, however the proprietor registered in favour of the first specified goods are not used.
The trademark registered proprietor may assign for the registration thereof in favour of any goods as a protective trademark. However which is registered already in his name in favour of those goods or as a protective trademark or may assign for registration thereof in favour of any goods or a protective trademark still registered in favour of those goods as a protective trademark, in part in each case of the present registration.
A trademark registered as a protective trademark and which trademark have same owner name, but which the specific registrations are in favour of various goods be as combined trademarks.
The registrar is cancel their registration at any time as a protective trademark of which is no longer of any registration in the same proprietor name or as a protective mark.
In this clause, the conditions of this act shall assign in favour of the trademark registration as protective trademarks and of trademarks as registered as they assign other cases.
Subject to the conditions of section 49, the trademark registered proprietor of a trademark filed as registered user in favour of any or the complete goods in favour of which the trademark is registered or as a protective trademark. But, the government may, by regulations made in this behalf, give that no application for registration.
The qualified use of trademark shall be considered as a valid owner. It shall be not considered a person or the proprietor for the reason of section 46.
Application for registration as registered user
Where it is preferred the person should be a trademark registered user. The registered proprietor and the suggested registered user shall together apply in writing to the registrar in the specified way and all application shall be followed by:
Providing details of the relation, proposed or existing, between the owner and the suggested registered user, containing items which appearing the level of power by the owner over the authorized use that their relationship. There shall be any other conditions of a person’s trademark registration as registered user’s.
Publishing the goods in favour of which registration is submitted.
Under sub-section(2) with acceptance of an application, the government may having consider to all the conditions of the occasion and to the matter of the general public and the success of any industry, trade or commerce in Chennai, may through the registrar.
The registrar shall provide notice in the specified method and the person’s trademark registration makes registered user.
Existing registration of registered users not to have effect after three years
However anything is included in any agreement or contract, all trademark registration made before the start of this act of a registered user is conclude to have effect after the ending of three years from such starts.
Power of registrar to cancel registration as registered user
Under section 56 without preference to the restrictions, a person’s trademark registration makes a registered user.
May be changed by the registrar as consider the goods in favour of which or any restrictions or conditions matter to which, it has execution in the registered trademark proprietor.
The application in writing to the specified method or the registrar may be cancelled of the registered proprietor of a company.
The registered user manipulated or the proprietor or failed to publish their application for registration.
Which the positions have changed since the date of registration in such a way that at the application is cancellation. The registration of the registered user have those application.
Registered user not to have right of assignment or transmission
The right of a trademark registered user shall not considered to have been transmitted or assigned within the meaning of this clause in the following cases, namely:
Where the registered user is an individual enters into a partnership firm with any other person transferring on the business involved. But in firm may use the trademark as a registered user of the firm.
In a firm, the registered user change in its constitution, but the reconstituted firm may use the trademark. If any partner of the original firm at the time of its registration as registered user.