No, it is well established rule of law that to get a trade mark registered without any intention to use it in relation to any goods or services but merely to make money out of it by selling to others the right to use, it would be “Trafficking in Trade […]
Is it possible to file a Trade Mark Application on the ground of “proposed to be used”?
Yes, but the applicant should have a bonafide intention to use the mark at the time of filing the application and further the applicant can claim rights from the date of filing such application.
Whether ‘user’ is very important in Trade Mark?
Yes, a Trade Mark must be used in relation to the goods for which the registration is sought or obtained. If it is not used but merely renewed from time to time, then it will be possible that a mark may be removed on the ground of ‘non-user’ on a […]
How many years will it take for registration of a Trade Mark?
At present it takes two years on average from the date of application or to some extent more depending upon the follow-up to be done by the applicant. If the working system of Complication of advertisement matter in Trade Marks Journal issue of Trade Marks Registered Certificate are given to […]
How to acquire a right of property in a trade mark?
A person may acquire a right of property in a trade mark in the following modes: By use of the mark in relation to particular goods; or By registration under the Act; or By assignment or transmission of the right from another person.
Whether registration of a Trade Mark is compulsory under the Act?
No, registration of a Trade Mark is not compulsory. But, for better protection it is advisable to register a Trade Mark.
What is a Service Mark?
Under the previous Trade and Merchandise Marks Act, 1958, registration of a “Service Mark” is not possible, but under the new Trade Marks Act, 1999 registration of a “Service Mark” can be done. Such “Service Mark” can be used as a Trade Mark, but applied to services rather than goods […]
What is a Trade Mark?
A Trade Mark is popularly known as “Brand Name”. It is a visual symbol in the form of a word or a device or a label applied to the commercial goods or services, to enable the consumer public to identify one trader’s goods from similar goods of other traders.
How to determine a mark as a Well-Known Mark?
The question of Well-Known Mark is to be determined by the Registrar for this purpose. The Registrar has to take into consideration various facts stated in Sec 11(6) to (9). Apart from these facts, the Registrar has discretions to take into account any other facts, which he considers relevant.
What is meant by a Well-Known Mark?
A Well-Known Mark means a “Mark” which has become known to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the […]