Archive

Trademarks and honest concurrent use – Trademark Registration in Coimbatore

There operate many unregistered trademarks in small pockets in various markets within India as the registration of a mark is not mandatory. There is lack of information about the operations of unregistered trademarks prevalent in India. The information of trademarks protected in foreign countries is also not easily available within India. A small trader may have honestly selected or coined a trademark and used it in the local or regional market without any knowledge of its use in a foreign…

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How to compare the trademarks with the significant things

It is indeed to analyse and compare our trademark with our competitors in order to identify the deception or similarity associated with that. Here, we are going to discuss the relevant things on similarity of the marks that you must consider before getting into the process of choosing a trademark. Twin test –Competing mark and reaction of purchaser: In deciding whether a particular trademark is likely to deceive or cause confusion that duty is not discharged by arriving at the…

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Trademark Licensing Strategies and Restrictive Practices

Trademark licensing strategies and the restrictive practices are going to be discussed here. Look at this article in order to know the basic information regarding the trademark. Trademark Licensing strategies: Enterprises seeking to maximise profits may sometimes engage in practices while exploiting trademarks by way of licensing seeing them as valid practices, but which in fact are dubbed as restrictive practices. The knowledge, of restrictive practices and the efforts to curb them is necessary for the licensors, licensees, the governmental…

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Do You Want to Know About The Trademark Registry And How it is Operated?

Trademark Registry: Trademark registry was established in the year 1940 in India and it administers by the trademarks act, 1999 and the rules made there under. It acts as information and a resource center and it is a facilitator regarding to trademarks in a country. Objectives of trademark registry: The objectives of trade marks act is to register the mark which is applied in a country and to provide the legal protection of business marks for both goods and services and…

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Do You Want to Know About Copyrights Protection And Its Related Rights?

Copyrights and related rights: Copyrights protection is given for original literary and artistic works, including literature, music, dramatic work, drawing and paintings, audio and audio-visual productions. Besides the economic reasoning, copyright law finds justification within sociological and the ethical parameters too. It recognizes both the natural right that an author has in order to prevent mutilation of his creation, and the contribution made by such works to the advancement of society as a whole. Neighbouring rights protection: Related or neighbouring…

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Will The Comparative Advertisement Helps to Influence The Product?

Infringement and passing off through advertisements: “Comparative advertisement” which discredits or denigrates the trademark or trade name of the competitor cannot be permitted. Indian attorneys and courts shall be called upon to determine the rules on advertising and comparative advertising which is catching on in India. Certain observations of advertisement by Indian Courts: Advertisement is a step in the process of infringement to solicit customers in the name of the impugned trademark and the advertisement is calculated to induce people…

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Trademark Must Possess Distinctive Character

A trademark must possess distinctive character for registration. If a trademark is devoid of distinctive character, the same cannot be registered. There is no discretion in the matter, if on an ex-officio examination the trademark is to found to be lacking from the angle of distinctive character, the registrar is mandated to refuse the application. Absolutely distinctive and dynamic character: The word “distinctive” in the context of trademarks, means distinguishing a person’s goods or services from competing goods or services…

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Introduction of New Trademark in The Market And The Associated Factors

The competitors take as much note of the introduction of a trademark as they might notice introduction of a new product or a new technology. On introduction of a new brand in the market, there arise perception in the minds of traders, retailers, other manufacturers, about the acceptance and visibility of a new trademark which in turn depends upon various factors and would cause an impact on existing market shares. The personality of all the proprietor, the business venture, advertisers,…

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Make Your Trade Mark to be Fame And Powerful With Some Ideas

To be more successful and powerful, having unique ideas which differentiate and makes you great from your rivals. This will be helpful for long-term success and makes you a powerful competitor. What is a trademark? A trademark is generally referred as a brand name. It could be in any form. The way of expressing is what it makes a difference among others. Distinguishing our products or services from our competitors will give a unique place and a respectable position in…

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Good will of the trademark and the best value test need to be known

Trademark – “A valuable Asset “: Two most valuable assets of an enterprise are its “trademark and Workforce”, both of which do not appear in the balance sheet. The trademark assists the enterprise in creating, maintaining and developing its markets. What is Best Value Test? A customer buys the brand or the product which, in his view, provides the best value at the time of the purchase. It is a successful trademark which must pass the best value test and…

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