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PASSING-OFF & ACTION UNDER THE TRADEMARK LAWS

Passing off is a type of tort, and its substantive part is established upon the common law principle. The general principle of passing-off states that no man can have any right to represent his goods as the goods of another person. As expressed over, the Trade Marks Act, 1999 does not define "Passing Off". Section 134 (1) (c) refers to jurisdiction or power of the District courts to try the suit and even issue injunction in the matter relating to Passing off suits. The plaintiff has to establish his case and satisfy the court concerned the irreparable damages caused to them. The trademark provides protection to the registered trademark,...

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APPEAL UNDER THE TRADEMARK LAWS

An application for registration of trademarks is submitted at the Head office or a branch office of the Trade Marks Registry within whose territorial limits the principal place of the business of the applicant is located. The digitization and formality checking of the application is done at the respective offices. The Application is then examined predominantly with respect to whether the relevant mark is capable of distinguishing applicant’s goods or services, regardless of whether it is prohibited for registration under any law for the time being in force, whether the registration of the relevant mark is likely to cause confusion or deception because of prior identical or similar marks...

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TRADEMARK INFRINGEMENT & IT’S CONSEQUENCES

The fundamental reason for a trademark is to help individuals perceive the source of particular goods and services. The source enables individuals to decide the quality. Quality is the thing that customers typically base their buy choices on. This is the reason a trademark is critical in the economy. A trademark reflects the source and quality of the goods or services. This is why it is essential to guarantee that the trademark isn't being infringed upon. A trademark speaks to the brand estimation of the trademark proprietor. Infringement of trademark causes losses in finances and reputation to the proprietor of the infringed mark. It is, therefore, in every case...

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RIGHTS OF THE OWNER OF A REGISTERED TRADEMARKS

It has been a frequently discussed question in India, whether the registration of a trademark gives an absolute right in regard of the trademark to a registered owner, and assuming this is the case, are there any dangers or legal hurdles that can compromise such a right. At the start, the rights of a registered owner under the Trademark Act should be analysed. The Act gives that the registered owner has an exclusive right to the trademark in regard of the goods and services for which the mark has been registered and can get reliefs against the individuals who use a similar mark. Section 28(1) of the Trademark Act...

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TRADEMARK REGISTRATION IN INDIA

Trademark is the unique symbol or word which is used to represent a business, its products or services. The trademark has played a very vital role in the setting up the business in this competitive world. It creates a unique identity in the market which is beneficial for both the creators of such product or services and to the consumers. Trademarks help in cementing the trust of the customer by creating its identity for its product and its quality. But in this competitive era, the proprietors of such trademark feel unsecured for their trademark so that it may not be taken away by any other competitors. This will...

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ROLE OF TRADEMARK SEARCHES IN TRADEMARK REGISTRATION

Intellectual Property has turned into significant methods for tangible wealth as both the intellectual properties and intangible assets mutually structure the most critical main thrust of the world economy. The extent of the intellectual properties expanded all-around quickly and normal endeavors are made by the creators of new inventive plans to look for assurance under the umbrella of intellectual rights. Intellectual Property is characterized into two classifications, i.e., Industrial Property, which incorporate inventions (patents), trademarks, industrial designs, and geographical indication of sources; and Copyright. Trademark is one of the indispensable segments of each effective business showcasing technique as it assists creators and the service providers with creating their exceptional personality...

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BENEFITS & IMPORTANCE OF CONDUCTING TRADEMARK SEARCHES

Intellectual Property has become an important means of amounding tangible wealth as both the intellectual properties and intangible assets jointly form the most significant driving force of the world economy. The scope of the intellectual properties increased very rapidly and regular attempts are made by the producers of new creative ideas to seek protection under the umbrella of intellectual rights. Intellectual Property is classified into two categories, vis-à-vis, Industrial Property, which include inventions (patents), trademarks, industrial designs, and geographical indication of sources; and Copyright. Trademark is one of the vital components of every successful business marketing strategy as it helps creators and the service providers to create their unique identity...

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TRADEMARK REGISTRATION: BLESSING FOR A BUSINESS

In the period of focused worldwide marketing, Trademark registration is considered as one of the most significant intellectual properties of the companies. Trademark is considered as a help in the hands of the producers or the service providers. Trademark is that instrument by which these producers or the service providers make their extraordinary personality to demonstrate their quality in and outside India. It is simultaneously getting to be powerless against duplicate by their rivals. So it is fundamental for the owner of the business including both the makers and the specialist co-ops that they register their trademark, consequently, to be known as ' Registered Trademark'. The Registered trademark has...

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BENEFITS & IMPORTANCE OF TRADEMARK REGISTRATION FOR ENTRPRENEURS

In the era of competitive global marketing, Trademark registration is considered as the most important piece of the company’s intellectual property. Trademark is considered as a boon in the hands of the producers or the service providers. Trademark is the tool by which these producers or the service providers create their unique identity to show their presence in and outside India. It is at the same time becoming vulnerable to copy by their competitors. So it is vital for the proprietor of the business including both the producers and the service providers that they register their trademark, hence, to be known as ‘Registered Trademark’. The Registered trademark has...

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Legal Importance &Sanctity of Memorandum of Understanding (MoU)

The professional team of Advocates & Lawyers of Wwww.mylawyersadvice.com are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”. The ”Querist” is a dyeing unit which is established in Panipat and deals with the...

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