The Examiners of Trademarks normally examines application for registration of Trademark to see whether it is qualified for registration under the provisions of the Act and the Rules. They also assist the Registrar in exercising his executive function such as Administrative and Supervisory matters connected with the various proceedings under […]
Whether the Registrar is a Tribunal?
The Registrar of Trademarks is Tribunal only when he performs some Quasi-Judicial functions under the Act. He has vast discretionary powers with regard to the matters pertaining to registration of Trademarks and other proceedings connecting there with. He has also the powers of a Civil Court in certain matters but […]
What are the powers conferred upon the Registrar?
Ordinarily the Registrar, Joint Registrar, Deputy Registrar and Assistant Registrar are authroized to hear and decide cases in respect of application and opposition and other relevant proceedings under the Trademarks Act, 1999.
What are the different stages involved for obtaining registration of a trademark?
EXAMINATION STAGE:The Examiner of Trademark will examine application at Trademarks Registry. Examination report will be communicated to each Applicant or Agent or Attorney by quoting objections, if any, for acceptance of the application. ENQUIRY STAGE– Hearing:After receipt of Examination Report, a personal hearing may be requested by the applicant in […]
Is it advisable to file trade mark applications in all the 45 classes for a single mark but only being used in a particular type of goods?
Normally, it is not advisable to file trade mark applications in all the 42 classes, when you are using the trade mark for a particular type of goods in a specific class. As it is rightly observed by the Supreme Court of India in a case Vishnudas-Vs-Vazir Tobacco Co Ltd, […]
Whether advertisement is sufficient to establish the ‘user’ of a trade mark?
The advertisement of a trademark in any periodical or magazine or in electronic media may be regarded as evidence to establish the ‘prior user’ of a trade mark subject to continuous use of the said make in Indian market.
Whether the ‘transborder reputation’ of a foreign trade mark has been recongnized in India?
Yes, due to increasing globalization of Trade and Industry, the ‘transborder reputation’ of a Foreign trade mark has recently been recognized by various High Courts in India and the Supreme Court of India. The Indian Trade Marks Act makes no distinction between Foreign and Indian brand names and advertisement of […]
Will any rights be conferred upon the applicant on mere filing of Trade Mark Application?
No, mere filing of a trade mark application will not confer any rights on the applicant. Proprietary rights over a trade mark can be claimed only by continuous use of the trademark.
Whether the proprietor of an unregistered trademark can initiate legal action?
Yes, the proprietor of an unregistered trade mark can bring legal action against the subsequent user by filing a civil suit for ‘passing off’ action on the basis of ‘prior user’. Further, he can lodge criminal complaint also under the provisions of the Trade Marks Act.
What are the advantages of ‘prior user’ of a trade mark?
‘Prior User’ of a trade mark is in better position rather than the registered proprietor of a mark. Hence, the rule of the law made by the Courts in India is that “Priority in adoption and use prevails over priority in registration”.