Act for Acts
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 »We are going to discuss some of the absolute grounds for the trademark registration precisely. Keep your eye on this to know some useful information. Characteristics in section 9(1) (b) of the 1999 act: There are eight prohibited indications or characteristics in section 9(1)(b) and two more in section 9(1)(c). These are in the nature of prohibiting descriptive words or […]
Continue reading »When is the best time to register your trademark and what are things must be considered are discussed here. Here the significant things are presented in a way to make you understand better. This is what the question often asked in the business area. On one hand, entrepreneurs are very excited to register their trademark right away before someone starts […]
Continue reading »Here, we are going to discuss about the procedure which is to be followed by the registrar during trademark process. Upon receipt of an application for registration, the registrar’s office undertakes what is described as ex-officio examination of the application. Ex-officio examination of application: It causes a search to be made amongst the registered trademarks and the pending applications to ascertain […]
Continue reading »There operate many unregistered trademarks in small pockets in various markets within India as the registration of a mark is not mandatory. There is lack of information about the operations of unregistered trademarks prevalent in India. The information of trademarks protected in foreign countries is also not easily available within India. A small trader may have honestly selected or coined […]
Continue reading »It is indeed to analyse and compare our trademark with our competitors in order to identify the deception or similarity associated with that. Here, we are going to discuss the relevant things on similarity of the marks that you must consider before getting into the process of choosing a trademark. Twin test –Competing mark and reaction of purchaser: In deciding […]
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 »The competitors take as much note of the introduction of a trademark as they might notice introduction of a new product or a new technology. On introduction of a new brand in the market, there arise perception in the minds of traders, retailers, other manufacturers, about the acceptance and visibility of a new trademark which in turn depends upon various […]
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