Property

Snag hits on line property registration in Mohali

Property proprietors and residents who had come to the District Administrative Complex for online registration in their properties were a harried lot on Thursday as the server of the National Generic Software for Document Registration (NGDRS) device remained down for the second consecutive day due to a ‘machine failure’.
Long queues were seen outside the Mohali Tehsildar’s office. Pradeep Kumar, who had come for registration of his a hundred and fifty-sq.Yd Plot in Aerocity stated, “I have been touring the office for two days; however, I have not been able to sign in to the property information because the server isn’t operational.”

Bharat of Zirakpur stated that the technical snag could not be fixed even at nine p.m., and officers had been doing registrations manually. He said there were, nonetheless, about a hundred people queued up at the workplace.
Online registration of assets started on January 8 to stop humans from the hassles worried about the bulky registration procedure.
Officials stated the server (www.Igrpunjab.Gov.In) went down in numerous districts of Punjab due to a ‘pace optimization’ problem at the returned stop, which was constant through the National Informatics Centre (NIC), Pune.
Shinu Arora, the technical assistant at the Office of Sub-Registrar, said the server went down on Wednesday and that they had placed a note outside the workplace in this connection.

“The server became operational in the day; however, it couldn’t be accessed for LAN (local vicinity network) connectivity,” she stated.
ADC Charandev Singh Mann stated, “We are making dedicated efforts to restore the system failure.” Tehsildar Jaspal Singh Brar couldn’t get feedback despite repeated tries.

In the case of CeWe Color AG and Co v Office for Harmonisation within the Internal Market (Trade Marks and Designs) (T-178/03 and T-179/03), the Court of First Instance rejected CeWe’s change mark programs, considering the marks to be merely descriptive and lacked distinctiveness.

In 2001, CeWe implemented the registration of the Community Trade Marks for the names DIGIFILM and DIGIFILMMAKER in Classes 9, sixteen, and 42 in appreciation of apparatus and automatic machines for recording information vendors, particularly apparatus for the transfer of virtual information onto records providers.

The examiner rejected the packages in respect of Classes nine and 42 by Art 7(1)(b) and (c) of Council Regulation (EC) forty/ ninety-four. The examiner concluded that:-
– the alternate marks sought were genuinely descriptive of the applicable items and services; and
– the phrases ‘Digi’, ‘Film’, and ‘Maker’ did now not have enough level of a strong point for registration.

CeWe appealed, and the Board of Appeal upheld the examiner’s selection. CeWe further appealed to the Court of First Instance and contended that-
even though the terms ‘Digi’, ‘film’, and ‘maker’ are regarded to refer within the English language to respectively ‘virtual’, ‘film’, and ‘producer’, the marks have been now not descriptive; however, had been rather technical terms which most people understood;
the aggregate of the terms ‘Digi’, ‘film’, and ‘maker’ changed into precise; and
although the marks for which registration changed into sought can also seem on the net, they’re no longer indexed in the dictionary and can, therefore, register.

the phrases Digii’, ‘film,’ and ‘maker’ in DigiFilm and DigiFlimMaker form combinations able to dissociate,d and these juxtapositions are neither uncommon nor hanging;
DigiFilm and DigiFlimMaker could be understood without delaying the public as relating to the processing of digital information;
within the absence of any additional detail,l whether or not a picture or every other special function, the marks sought lacked the vital uniqueness for registration;
the phrases DigiFilm and DigiFlimMaker could be perceived by using the average consumer as phrases descriptive of the products and services they provide and
CeWe’s attraction might be rejected.
For assistance with registering your exchange mark, please get in touch with us at enquiries@rtcoopers.Com

© RT COOPERS, 2005. This Briefing Note does not provide a complete or complete statement of the regulation regarding the problems mentioned, nor does it represent a prison recommendation. It is supposed best to spotlight trendy issues. Specialist prison advice must constantly be sought on the subject of unique situations.

In Alcon Inc v Of Office for Harmonisation within the Internal Market (OHIM) [2005], a mark was refused registration because the public possibly confused the mark with any other comparable mark.

In 1998, Alcon filed a software for registration of the phrase mark TRAVATAN in appreciation of products inside Class 5, particularly ophthalmic pharmaceutical preparations.

In 1999, Biopharma SA opposed the registration of TRAVATAN, arguing that it could be confused with the word TRIVASTAN, registered in Italy in 1986. This advanced alternate mark also became registered below Class Five, masking pharmaceutical, veterinary, and hygiene products.

In compliance with Article forty-two of Regulation No 40/ninety-four, Alcon asked that Biofarma provide proof that the TRIVASTAN mark has been positioned for actual use in Italy. Biopharma despatched the requested files to OHIM, demonstrating the real use of TRIVASTAN in Italy.

Image result for Snag hits on line property registration in Mohali

In September 2001, the Opposition Division of OHIM discovered that the use of TRIVASTAN changed into validated in admiration of a pharmaceutical product inside Class Five. The Opposition Division, therefore, refused registration of TRAVATAN due to the possibility of confusion due to the visual and phonetic similarities between the marks. Alcon appealed this decision to the Third Board of Appeal,, wholy rejected the attraction on the same grounds as the Opposition Division. Alcon then applied to the Court of First Instance to annul the choice.

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