Act for Acts
Here, we are going to discuss what is the permanent injunction of a trademark in detail with some real time examples to understand better. Permanent injunction: Permanent injunction is granted or denied at the discretion of the court after investigation of all the facts at the trial. This discretion “when applied to a court of law means discretion guided by […]
Continue reading »Special provisions relating to protection of trademarks through international registration under the Madrid protocol Application in relation to contracting state or a contracting organisation means an application made by a person who is a citizen of, or is domiciled in, or has a real and effective industrial or commercial establishment in, that contracting state or a state which is a […]
Continue reading »Here, we are going to discuss who is registrar and what are the powers and functions of registrar in a simplified way. Keep your eye on this article to know the basic information. Registrar: The controller-General of patents, design and trademarks is the registrar of trademarks for the purposes of the 1999 act as well as controller of patent for […]
Continue reading »Trademark licensing strategies and the restrictive practices are going to be discussed here. Look at this article in order to know the basic information regarding the trademark. Trademark Licensing strategies: Enterprises seeking to maximise profits may sometimes engage in practices while exploiting trademarks by way of licensing seeing them as valid practices, but which in fact are dubbed as restrictive […]
Continue reading »Infringement and passing off through advertisements: “Comparative advertisement” which discredits or denigrates the trademark or trade name of the competitor cannot be permitted. Indian attorneys and courts shall be called upon to determine the rules on advertising and comparative advertising which is catching on in India. Certain observations of advertisement by Indian Courts: Advertisement is a step in the process […]
Continue reading »A trademark must possess distinctive character for registration. If a trademark is devoid of distinctive character, the same cannot be registered. There is no discretion in the matter, if on an ex-officio examination the trademark is to found to be lacking from the angle of distinctive character, the registrar is mandated to refuse the application. Absolutely distinctive and dynamic character: […]
Continue reading »Trademark – “A valuable Asset “: Two most valuable assets of an enterprise are its “trademark and Workforce”, both of which do not appear in the balance sheet. The trademark assists the enterprise in creating, maintaining and developing its markets. What is Best Value Test? A customer buys the brand or the product which, in his view, provides the best […]
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