Act for Acts

trademark registration

Registrar of Trademarks The central Government may appoint a person for the designation of Controller General of Patents, Designs, and Trademark as per the notification in the Official Gazette. The appointed person is the Registrar of Trademarks for registration of trademarks.  The Central Government may appoint such officers with such designation as it thinks fit […]

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Marks with international reputation – special consideration In the case of marks which have a acquired international reputation, an action for its protection against unauthorized use will lie even if the owner of the trade mark does not have any business activity in India. Reputation of a product may precede its introduction and may exist […]

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Introduction to Trademark Trademark is defined as a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colors; graphically represented means represent a mark in a paper format. Also, it […]

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Introduction The Trade and Merchandise Marks Act, 1958 has a scheme of essential requirements for the registrability of a trademark. This act contains different strategies in it. But this Act was amended in 1999 as Trademarks Act, 1999 which has completely different from previous act. Section 9 of Trade and Merchandise Marks Act, 1958 provides […]

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To become a legal owner of your brand  name, you will go for the Trademark Registration. Trademark Registration is a process of registering your brand name in Trademark registry, to get an exclusive rights on your brand name. From, this registration you can stop the third party’s illegal usage of your brand name. Build your […]

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Trademark Search  Trademark is a unique identification of your brand name when you doing business in the startup level. It may be a word mark, slogan, logo, or a device mark (combination of word mark and a logo), symbol, sound or smell mark and color. The first and foremost thing in the trademark registration is […]

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Copyright Infringement In the instant ease, the Plaintiff has already filed an application /complaint 19) under Section 31(1)(b) of the Act and thus, invoked the jurisdiction of the Board for grant of compulsory license. No doubt, the said application is pending may be for the last more than two years. However, it is the exclusive […]

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What is get-up and trade dress The get-up of goods comprises the size and shape of the package or container, labels and wrappers, the dress in which the goods are offered to the public, or the style of writing. It includes the color or colors of the label, its decoration, and the manner of arrangement […]

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Trademark Infringement proceedings : Action for infringement (1) An infringement of a registered trademark is actionable by the proprietor of the trade mark. (2) In an action for infringement all such relief by way of damages, injunctions, accounts or otherwise is available to him as is available in respect of the infringement of any other property […]

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Power to rectify or vary registration Section 27 of the Trademarks Act, 1999 describes rectification and correction in the Register of Geographical indications. The registrar and Appellate Board has concurrent jurisdiction to entertain applications from person aggrieved for rectification, cancellation or varying registration of a geographical indication or authorized user on the basis of any […]

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