Act for Acts
This Article corresponds to section 52 of the former Act of 1958 and empowers the Registrar to vary or Cancellation the registration as registered user. Procedure for variation of entry in the register The registered proprietor may make an application on Form TM-U for the variation of the registration of the registered user under clause (a) sub-section (1) of section 50. […]
Continue reading »Licensing of Trademarks The law governing the licensing of trademarks and registration of the registered users has been substantially modified, as compared to the law in the 1958 Act. There is a complete change in the approach, in keeping with the modern trend of business. The change in the law is also influenced by developments concerning similar laws in the […]
Continue reading »Introduction to Trademark Objection and Opposition In the trademark examination process, there are two main things may happen one is trademark opposition and another one is trademark objection. People often confuse between the opposition and objection, here we are going to discuss about that and have a clarification about the difference and the process. Basic difference to be noted is […]
Continue reading »ENTRY WRONGLY REMAINING ON THE REGISTER-SUB-SECTION (2) The words “wrongly remaining on the register” were introduced for the first time in the corresponding section 35 of the UK Act of 1905. As was pointed out by Parker J in the Gramophone case, “none of earlier Trademark Acts provided machinery for taking a mark off the Register, if once it had […]
Continue reading »Temporary injunction – “New Mour Marka”, “Green Star Brand”, and “Green Star Marks” The relief sought for in the main suit do authorize the court to pass an interim order to restrain the defendant, pending disposal of the suit from using the trademarks opposition. The interim relief sought for is not beyond the relief sought in the main suit. The product […]
Continue reading »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 for the purpose of discharging, […]
Continue reading »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 without trade in such product […]
Continue reading »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 gives the exclusive right to […]
Continue reading »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 […]
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