Collective marks -Trademark Registration in Coimbatore

Collective marks: – Trademark Registration in Coimbatore The provisions contained in section 61 to 68. Which deals with registration of collective marks, are new. These were not present in the first trademarks act, 1940 or the recently repealed and merchandise marks act, 1958. Article 7b is of the Paris Convention for protection of industrial property deals with collective marks. It is obligatory on a member country to accept for filing and to protect, in accordance with the national law collective…

Read More

Infringement of registered trade mark

Infringement of registered trade mark:   A registered trademark is infringed by a person who is not a registered person or a proprietor using with the way of permitted use, who uses in the course of trade, a trademark that is deceptively similar to or identical with, the trademark which is in relation to goods or services with respect to the trademark registered in such a manner as to render the use of the mark likely to be taken as…

Read More

What is the difference between passing off and infringement?

The conceptual difference – passing off and infringement: Passing off action is based on the common law principle that nobody has any right to represent his goods as somebody else. Such action is recognized both in respect of unregistered as well as registered marks. An action for infringement, on the other hand, is based on the right acquired by registration under the act and is possible only in respect of registered trademarks. An action for infringement is a statutory right.…

Read More

What is jointly owned trademarks? – Trademark Registration

Jointly owned trademarks: Save as provided in sub-section (2), nothing in this act shall authorize the registration of two or more persons who use a trademark independently or propose so to use it, as joint proprietors thereof. Where the relations between two or more persons interested in a trademark are such that no one of them is entitled as between himself and the other or others of them to use it except- On behalf of both or all of them;…

Read More

All you need to know about trade name – Trademark Registration in cbe

Trade name:-Trademark registration in Coimbatore A name is actually understood to mean the name, identifying, designating and distinguishing an enterprise. Mark is defined to include a name and name would thus include trade name or trading style. A trade name can be used well in order to distinguish the goods or services of an enterprise. There are several enterprises using their distinct trade name or business name as house marks in relation to their goods or services, e.g. Pfizer, Glaxo, Alembic,…

Read More