ACT FOR ACTS
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 […]
Continue reading »A trademark was to indicate source or origin. It had significance apart from the business. Which it was related. The trademarks now play a role in expansion of operations of the properties. In various countries towards the profit maximization goal. Were they merely individualizing his products or services. Trademark serve as profit centers as they facilitate entry of goods or […]
Continue reading »The registered proprietor of a trademark certification is infringement in the section (78). Under the section (74) filed the regulations behalf of a recognized person by him. It is used in accord of trademark infringement in that course. The trademark certification of any goods or services is similar to the association.This trademark is similar or cleverly to the certification trademark.In consideration […]
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