Tags
about 9 years ago

Strength Of Marks

Arbitrary Marks – An arbitrary mark is one that has a common meaning but is used to represent goods or services unconnected to that meaning.
about 9 years ago

Use In Commerce And Intent To Use In Commerce

A mark shall be deemed to be in use in commerce— (1) On goods when- it is allocated in any manner on the goods or their containers or the displays affiliated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and the goods are sold or transported in commerce, and (2) On services when - it is used or displayed in the sale or advertising of services and the services are rendered in commerce, or the services are rendered in more than one State or in India and a foreign country and the person rendering the services is indulged in commerce in connection with the services.
about 9 years ago

Information To Include In A Trademark Application

An overview of the key information to be included in the application along with additional particulars which need to arranged and duly verified before filing in  order to accept the trademark application without objection: Applicant's full name, address and nationality Applicant's home country address, in case of convention application Type of applicant- individual, joint proprietors, partnership firm, company, or a government undertaking Principal place of business and a valid email address Name, description and 2 copies (image) of the trademark Description of all the goods and services that your trademark covered Power of attorney (in case agent file the trademark application) and name of the trademark owner Translation of the trademark, if contains foreign words Statement of use, only if mark is already in use What are the other parameters needed to be verified before filing a trademark application?
about 9 years ago

Concurrent Use And Co Existing Registration

Firstly, such registration should not defeat the purpose of the concept of trademarks, i.e. consumers should be able to differentiate between goods and services originating from different business or companies.
about 9 years ago

Fanciful Or Coined Marks

In cases of infringement, the owner of a fanciful mark would have a much higher chance of winning the suit because of the exclusive right vested in him to use the distinct mark in connection with his/her goods/services consequently giving him/her the right to prevent others from blatantly using the mark in order to ride on its goodwill and popularity.
about 9 years ago

Getting Into The Game: Top 5 Things For Startups To Consider

Every mind in this country whether young or old has at least one idea that they think they could convert into a successful product.
about 9 years ago

The Emblems And Names Act,1950

Further, the “Competent Authority” for the purposes of the Act means the relevant authority competent to register any company, firm or other body of persons or any trademark or design or to grant a patent.
about 9 years ago

The Madrid Protocol

However, you can apply only when you are a citizen of one of the member countries or have an industrial or commercial establishment in any of the countries.
about 9 years ago

Guidelines For A Foreign Director/Partner

One Resident Director It is mandatory as per Section 149(3) of the Companies Act of 2013 that at least one Director of the company must have stayed in India for a total period of at least 182 days in the previous calendar and such director need not be a citizen of India.
about 9 years ago

Foreign Directors/Partners

A foreign national can be nominated and appointed to the positions of Women Director, Independent Director, Small Director, Additional Director, Alternative and Nominee Director in Indian Companies by complying with the Companies Act, 2013.