Posts Tagged "amendment of application"

Injunction against infringement – Delay of 10 years by the trademark office in amending records results in Plaintiff losing it’s locus standi.

The appellant is a company incorporated under the Companies Act in the year 1992. M/s Mano Pharmaceuticals Private Limited is a Division of the appellant’s company for which an agreement was entered into by the two companies, in 2003. Subsequently, M/s Mano Pharmaceuticals Private Limited had filed an application under the Trade Marks Act, 1999 (hereinafter referred to as “the Act”) for registration of trade mark ‘METO’. A request on Form TM-16 was filed to amend the name of the applicant to ‘M/s Mano Pharma (a Division of Orchid Chemicals and Pharmaceuticals Limited)’ on 24.02.2003. Without taking the request on TM-16 on record the trademark office issued the registration certificate on 24/02/2005 in the name ‘M/s Mano Pharmaceuticals Private Limited’.

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What does it mean when a TM-61 alert is issued for my trademark application by the Indian Trademark Office ?

If you had filed your trademark application on paper in India with specification of goods or services exceeding 500 characters and if an application requesting inclusion of additional characters was not filed at the time of filing the new application for registration of your trademark, a TM-61 alert will be displayed on the online status page of the Indian Trademark Office as shown below.

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