Infringement of reputed and registered marks

Infringement of reputed and registered marks – Use on dissimilar goods or services:   The rights of well-known trademarks which are the subject matter of expanded protection under article 6 bis are confined to goods or services similar to goods or services for which it is registered or used. Protection of trademarks in relation to use on different goods or services has been enacted in Indian law as prescribed in article 16 of WTO-TRIPS in relation to well-known trademarks. India…

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Trademark infringement and passing off remedies – Logo Registration in cbe

Trademark Infringement and Passing off remedies is all we are going to see here. Keep your eye on this article to know the remedies for infringement and passing off. Trademark: A trademark refers to a design, or expression which is recognizable and identifies products or services that are of a particular source. The trademark which identifies the services is called service marks. A trademark owner may be a business organisation or an individual or any other legal entity. It may…

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Remedies with respect to infringement under the copyright law

Remedies with respect to infringement under the copyright law: It would be useful to have an insight into copyright law for a proper understanding. There are three types of remedies against infringement of artistic copyright which may be available in respect to a trademark label etc. qualifying as an artistic copyright. These are civil remedies, criminal remedies and administrative remedies, but only civil remedies are being mentioned. Civil remedies: Civil remedies for enforcement of copyright, if any in the trademark…

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All you need to know about the origin of foreign trademark

Production of goods under foreign trademark: Modern times have seen the advent of powerful MNCs that market their products world wide and exploit their technological skills and prestigious trademarks or market power by establishing production facilities in various countries. A foreign concern or an MNC with or without an Indian collaborator may choose to establish production facilities in India. It may market or product under its own established trademark, operating in one or more countries. The major route of introduction…

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Steps for the protection of Intellectual Property Rights

Protection of Intellectual Property Rights India develops and encourages more entrepreneurship and innovation. By en routing the nation to the entrepreneurial ventures drive innovations and a massive growth, this can be accomplished by introducing and encouraging the creativity of new products, business models and solutions. With the support of policy makers and the aspirations towards business lead the country enter into a new venture across the industries. Startups are becoming more nowadays and we can see that in every corner…

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Rights of well-known trademarks in the prospective from commencement

Rights of well-known trademarks in the prospective from commencement The existing trademarks which qualify into the new category of well-known trademarks would enjoy rights even in relation to different goods or services and would be able to oppose the registration and or infringement under new rights. Other similar trademarks to well-known trademarks could thus be in conflict with well-known trademarks in relation to coverage of goods or services. But the trademark already in operation would be prior marks for the…

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Protection of trademarks through international registration under the madrid protocol

Special provisions relating to protection of trademarks through international registration under the Madrid protocol Application in relation to contracting state or a contracting organisation means an application made by a person who is a citizen of, or is domiciled in, or has a real and effective industrial or commercial establishment in, that contracting state or a state which is a member of that contracting organisation, as the case may be. Explanation: For the purposes of this clause, “real and effective…

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Powers and functions of the registrar- Trademark registration in coimbatore

Here, we are going to discuss who is registrar and what are the powers and functions of registrar in  a  simplified way. Keep your eye on this article to know the basic information. Registrar: The controller-General of patents, design and trademarks is the registrar of trademarks for the purposes of the 1999 act as well as controller of patent for the purposes of the patents act, 1970. He is appointed under section 3 of the 1999 act. Other officers, who…

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Absolute grounds for trademark registration

We are going to discuss some of the absolute grounds for the trademark registration precisely. Keep your eye on this to know some useful information. Characteristics in section 9(1) (b) of the 1999 act: There are eight prohibited indications or characteristics in section 9(1)(b) and two more in section 9(1)(c). These are in the nature of prohibiting descriptive words or the words required by other traders, of which no monopoly should be given to any trader. Section 9(1) (b) makes…

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Register your trademark as soon as possible – Trademark Registration

When is the best time to register your trademark and what are things must be considered are discussed here. Here the significant things are presented in a way to make you understand better. This is what the question often asked in the business area. On one hand, entrepreneurs are very excited to register their trademark right away before someone starts using the trade name. On the other side, people usually think that trademark registration is expensive and time consuming, especially…

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