Normally the cancellation of a registered trademark is being termed as ‘Rectification of Register’ under the provisions of The TradeMarks Act, 1999. The following are the grounds for rectification: Non-use of the Registered Mark Contravention of failure to observe a condition entered on the register Entry made in the register […]
What are the reliefs, which may be granted by the District Court in an ‘Infringement’ Action?
The District Court may grant the following relies: A preventive Order in the form of interim permanent injunction restraining the opposite party any further use of the offended mark. Damages for on account of profits An Order for delivery up of the offended Marks for destruction.
In which Court a suit for Infringement should be instituted?
A suit for ‘Infringement’ should be instituted before the District Court having Jurisdiction to try the suit under sec.134 of Trademarks Act, 1999. Under the new Act, a Registered Proprietor can file the suit for infringement before the District Court within whose Jurisdiction he resides or carries on his business. […]
What are the right conferred by Registration?
A Registered Trademark gives to the Registered Proprietor the exclusive rights to use the goods for which it is registered. It enables the registered proprietor to take civil or criminal actions for infringement of his rights as a holder of the registered trademark. But, the rights conferred by registration are […]
What is meant by Infringement of TradeMark?
A Registered TradeMark will be infringed if a rival trader uses a deceptively similar Mark in relation to the same goods for which the Mark is registered. It is sufficient if the essential future of the Registered Mark is taken away by the infringer. Use of the rival trader’s mark […]
What are the reliefs which may be granted by the District Court in a ‘Passing Off’ Action’?
The District Court may grant the following relief: A preventive Order in the form of interim or permanent injunction restraining the opposite party any further use of the offended Mark. Damages for on account of profits An Order for delivery up of the offended Marks for destruction.
In which Court a suit for ‘Passing Off’ should be instituted?
A suit for ‘Passing Off’ should be instituted before the District Court having Jurisdiction to try the suit under sec.134 of TradeMarks Act, 1999.
How to establish the ‘Prior User’ status?
The question of ‘Prior User’ may be established before the Court of Law by the Proprietor of an unregistered trademark by producing any of the following documents: First sale invoice copy bearing the Mark Any copy of license obtained from any Statutory Authorities like Municipal Corporation, Sales Tax, Excise Department […]
How to prevent unauthorized use of an unregistered trademark?
If the trademark is an unregistered one or is still pending for registration an unauthorized use of such unregistered trademark can be prevented by filing a suit for ‘Passing Off’ on the basis of ‘Prior User’ status.
What are the means adopted for ‘Passing Off Action’?
The following are the methods, which may be adopted by a rival trader to warrant for ‘Passing Off Action’: Direct false representations Adoption of a trademark, which is the same or colourable imitations of the trademark os a rival trader. Adoption of an essential part of rival trader’s name Copying […]