In present case, while an application for registration of a mark in India was pending, the user of the said mark labelled its goods as registered by using “®” symbol during use in India thereby making a false representation about the status of its mark.
Even after being afforded an opportunity via show cause notice for false representation, no response was filed by said user.
In view of the above, the Indian Trademark Registry has recently filed a complaint against the said user for making false representation of its mark as registered mark by using ® symbol which is in clear violation of section 107 of the Trade Marks Act of India.
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