What Are the Changes in Trademark Act 1999 Over Trademark and Merchandise Act 1958? In India the first Trademark legislation was Indian Merchandise Act, 1889 where the disputes or problems relating to the infringement of Trademark or passing off were decided under of s. 54 of the Specific Relief Act 1887 and registration problem was tackled under the Registration Act 1908. This act was repealed in the year 1940 and was followed by the...more
What Are the Types of Trademark? A trademark is designated by the following symbols:• ™ (for an unregistered trade mark, that is, a mark used to promote or brand goods) • â,, (for an unregistered service mark, that is, a mark â,, superscript SM used to promote or brand services) • ® (for a registered trademark)A new Trademark regime has been introduced in India since September 15, 2003. The new Trade Marks Act, 1999 has many...more
Do You Know The Difference Between Registered And Unregistered Trademark? Trademarks in India may be registered or unregistered under the Indian Trademarks Act, 1999 ('the Act'). Matters pertaining to Indian registered trademarks and the rights which flow from registration under the Act are generally consistent with trademark laws in the United States, European Union members and other members of the World Intellectual Property Organisation (WIPO).What is a registered trademark?The law considers a trademark to be a form of property. Proprietary rights in relation to a trademark may be established through actual use in the marketplace or through registration under law.Benefits of registered Trademarks:A registered trademark confers a bundle of exclusive rights upon the registered owner, including the right to exclusive use of the mark in relation to the products or services for which it is registered. The law in most jurisdictions also allows the owner of a registered trademark to prevent unauthorized use of the mark in relation to products or services which are identical or "colourfully" similar to the "registered" products or services, and in certain cases, prevent...more
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HOW TO SELECT A TRADEMARK NAME – ITS IMPORTANCE Selecting an appropriate trademark name is essential to get a hassle free registration. Not all names can be registered for all goods and services.Main criteria for a trademark name getting registration are:The word should be arbitrary or fanciful in nature. For e.g. ‘Apple' name for...more
DIFFERENCE BETWEEN TRADEMARK AND DOMAIN NAME The recent case of the Indian Embassy in Bahrain site being misused as the embassy after changing the administrator had not secured the earlier domain name, and therefore it has become an unregistered free domain thereby leaving it free for any user to ridicule with the site and use it for its own devious reasons. This incident has definitely been an ‘eye opener' for many that just starting a website is not enough even its protection is equally important.The most common doubt, query or the best way to define it is ‘MISUNDERSTANDING' among people relating to registration of website names or Domain names is that it is same as registering Trademark. The answer to this doubt is NO as Domain names and Trademark names are not same and have to be registered differently.A Domain name is used for an IP address or internet protocol address, for e.g. 216.157.141.2 IP address can viewed by typing in the domain name allocated for it, i.e.,www.intepat.com. The name chosen should be unique and not similar to existing name. The main domain name is called the second level name and the end part is called top level domain. For...more
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