The principle of the Law of ‘Passing Off’ has undergone changes in the course of time. First, it was restricted to the representation of one-person goods as those of another. Lately, it was extended to business and services. Subsequently, it was further extended to professions and non-trading activities. Today, it […]
What is meant by ‘Passing Off’?
The term ‘Passing Off’ is not defined in the Act but it is referred in section 27, 134 and 135 of Trademarks Act, 1999. ‘Passing Off’ is a form of Tort meaning a civil wrong or injury. A Law of ‘Passing Off’ is based on Common Law to protect the […]
Whether any legal action can be taken against the pirates of unregistered trademark?
An owner of unregistered trademark can take both civil and criminal action against the pirates and against those who have copied the unregistered trademark. The legal rights for unregistered trademark are based on Common Law Rights. These rights are called as ‘Passing Off Action’ under the Common Law and also […]
What will be the fate of a removed trademark?
Normally, a removed Mark will be treated as an unregistered trademark, if such Mark is in actual use. But, such removed Mark-Holder will not loose any rights under the Common Law including the status of ‘prior user’. But, the benefits of Registration under the Act could not be enjoyed. A […]
Renewal of a Registered Trademark
A Registered Trademark should be renewed for every ten years under the new Trademarks Act, 1999. The period of said ten years will be calculated from the date of filing the application in spite of the fact that the Registration Certificate is issued belatedly.
What are the grounds for Opposition?
Normally, the following are the grounds, which are usually taken up in a notice of Opposition: The Mark applied for does not qualify for Registration i.e :Common use word, Generic word etc. The Mark applied for Registration is identical or deceptively similar to an already Registered Mark. The goods for […]
Who may oppose the Registration?
Any person may oppose the application for Registration. No, qualification is laid down by the Act or the Rules for Opponent. Further, there is no restriction for the nature of grounds for opposing an application. The term “person” shall include any Company or Association or body of individuals whether incorporated […]
What is meant by Opposition to Registration?
When a Trademark is advertised in a Trademarks Journal (an Official Publication) any person may oppose the registration by filing the prescribed FORM TM–5 stating the grounds for opposition. The prescribed FORM TM-5 should be filed within 3 months from the date of publication in the Trademarks Journal. Further, the […]
What are the particulars to be contained in the Trademark Journal?
The Journal contains the following particulars: Particulars relating to applications for registrations of Trademarks accepted or before acceptance. Notifications of corrections and amendments made in application after advertisement. Applications refused after opposition Applications advertised but not proceeded. Notifications of corrections and amendments in applications after opposition. Trademarks Registered. Registered users […]
What is meant by Trademarks Journal?
If the Trademark applicants satisfactorily meet all the objections raised by the office, the applications will be advertised in the Trademarks Journal either as accepted or before acceptance. Recently, Trademarks Registry started to publish the online Trademarks Journal.