Trademark Schools Blog

Provision is made in the act for registration of a species as in ordinary trade mark but to indicate that the good have been certified by the proprietor as to certain characteristics. The final authority for granting or note granting registration is now the registration Defensive registration the provision regarding defensive registration has been abolished by the new act Collective mark the trade marks act 1999 has made provisions for the registration of what is called collective marks which is a trade mark owned by an association of persons

Rectification and alteration of register

although the rights conferred by registration can be enjoyed perpetually by renewing the registration from time to time the validity of the registration itself can be attacked on various grounds .the act provides for removal of a mark from the register if it is shown that it was registered without sufficient cause or that it wrongly remain the register

INFRIGMENT OF TRADEMARK

T=the act lays down what constitutes infringement registered trademark and prescribe the remedies available respect threrof.the scope of infringement has been considered enhancement

UNREGISTRED OF TRADEMARK

Registered of mark under the act is not compulsory. A person can use mark without being registered but the right acquired by such use can be protected only by what is called a passing off action or by proceeding against the infringer of criminal offence Under the present trademark act 1999 assignment of an unregistered trademark without goodwill of business and licensing of trademark under certain condition are permitted

LAW OF PASSING OFF

Registration of trademark does not affect any right acquired under common law by virtue of use of the mark .common law right have been specified protected by the proprietor of trademark whether registered or unregistered ,my sue for passing off the law of passing off has been extended to business name by nonprofit making bodies and professional organization.

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Attempts have been made from time to time by person to expend to convert a productive law into source of monopoly but court have resisted this form time to time

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