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Removal of a Trademark for non-use
Removal of a Trademark for non-use Section – 47 of the Table Marks Act, 1999 deals with removal of a trade mark from the register on the ground of non-use and provides that a trade mark which is not used within five years of its registration: becomes liable for removal, either Read More →
Legal Effect of Registration of Trademark
What are the Legal Effect of Registration of Trademark? Section – 31 of the Trademark Act, 1999 stipulates that in all legal proceedings relating to trademark registered under the Act, the original registration and all subsequent assignments and transmission thereof shall be prima facie evidence of its validity. However Read More →
Trademark – Certification Trademark
What is Certification Trademark ? Certification Trademark is a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade, which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture or performance of services, Read More →
Trademark – Infringement of Trademark
What is infringement of Trademark? A registered trademark is infringed when a person, other than a registered proprietor or a person using by way of permitted use, uses in course of trade. Instances of Infringement of Trademark – following are the instances of infringement of trademark: Use of deceptively similar Read More →
Relative Grounds for Refusal to Register Trademark
What are the relative Grounds for refusal to register trademark ? Relative Grounds Trademark which are likely to create confusion in case of similar goods – A trademark shall not be registered if there exists likelihood of confusion on the part of the public because of the following factors: It’s Read More →
Trademark – Procedure for Registration of Trademark
What is procedure for Registration of Trademark? The procedure for registration of trademark can be discussed under the following heads: Administrative set up - trademarks are to be registered with Controller General of Patents, Designs and Trademarks who will be the Registrar for the purpose of this Act. Trademark Registry Read More →
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