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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 certain categories of marks which […]
Continue reading »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 brand before your business with […]
Continue reading »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 Trademark search. Why because, a […]
Continue reading »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 jurisdiction of the Board to […]
Continue reading »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 of the various features in […]
Continue reading »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 right. Order for erasure, &c […]
Continue reading »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 contravention or absence to observe […]
Continue reading »A Trademark agent or a trademark attorney has considered to be an individual who are qualified under the Trademarks Act, 1999 and Trademarks Rules, 2002. The registered trademark attorney or trademark agent offers plenty of valuable advises and direct that is related to all legal aspects of fling trademark application, opposition, granting application, and trademark search and objection proceedings. The […]
Continue reading »A trademark is a distinctive mark or identifier used by an individual or an organization which is mainly used for easily indicating products of one trader from those of another. Shortly, a trademark is a safeguard of the trader. Trademark Registration is not a mandatory in India but it is highly advisable. Why because, you get an exclusive rights on […]
Continue reading »Protection of Trademarks – Trademark Registration in Tirupur Comments.-The Trade and Merchandise Marks Act, 1958, when enacted, combined the civil and criminal law relating to trademarks and trade descriptions, by amending the relevant sections in Chapter 18 of the Indian Penal Code, the Code of Civil Procedure, 1898, the Sea Customs Act, 1878 and the Specific Relief Act, 1877. The Trade […]
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