ACT FOR ACTS
Any person requesting to be the trademark proprietor or preferred to be used by him, who is wishful of registering the trademark. It shall request in writing to the registrar in the recommend manner for the duration of trademark registration either in Part A or in Part B of the register. An application shall not be create in favour of […]
Continue reading »Where a trademark or tradename of one trader is used as part of the trading style or corporate name of another in a similar business an order may be granted keeping such use of the name. The trademark used any kind of business. The appellants who were registered users of the respondents registered marks OPTREX for eye lotion, and who […]
Continue reading »Corresponding Law This section corresponding to section 18 of the Trade and Merchandise Marks Act, 1958. Summary of the Provision in this chapter Chapter III deals with the procedure for registration and its duration. The stages prior to registration under section 23 are set out in sections 18 to 22. The application is made under section 18. The trademark […]
Continue reading »Given in the section hold good unless the context otherwise requires. Where the context shows an intention repugnant to the meaning given in the definition, the context must prevail. Otherwise the meanings given in the section must govern even though they may not trade, in any case, be identical with that given to the expression in its ordinary or legal […]
Continue reading »The effect of trademark registration parts may consists various points that consult on the proprietor rights of the trademark. Policy and Object The object of the legislature was to relieve traders from the necessity of disclaiming and I think it follows from this, that the condition is one for the imposition of which some goods reason ought to be […]
Continue reading »Use of the mark in relation to goods or services Section (2) says that the mark may be used “upon or in any physical or in any other relation to such goods” which shows that a mark need not necessarily be depicted or represented and separately applied to an existing article. The trademark must be visible at the time of […]
Continue reading »Under section 18(4) of the act the registrar has power to refuse an application for registration. The refuse ordinarily based on one or more of the following grounds : (1) The application does not comply with any of the requirements under the rules. (2) The mark applied for registration is not a trademark within the meaning of the definition under […]
Continue reading »The trademark rights may be seen from the perspective of the personality of the trade mark. It has been highlighted that simply through use as a mark on goods or services which fulfill. The twin functions of showing origin and distinguishing function in the course of trade or rendering of services. The mark becomes a trademark. Simultaneously, it starts enjoying […]
Continue reading »The 1999 Act has introduced one fundamental change. It provides for registration of trade marks for services. It also referred as service trademarks for the first time effective 15.9.2003. There is no difference in substantive or procedural requirements for trade marks registration for services. Trademarks registration for services All the provisions applicable to trademarks for goods are more or less […]
Continue reading »In general trademarks execute four functions : (1) To identify goods or services of one seller and separate them from goods or services sold by others. (2) To signify that all goods or services bearing the trademark come from a single source, albeit anonymous source. (3) To signify that all goods tack the trademark are of an equal level of […]
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