TRADEMARKS IN INDIA EBOOK DOWNLOAD
Class Details | Well Known Marks | Prohibited Marks | Vienna Code Classification | International Non-Proprietary Names(INN) | Help |. Search Type: Wordmark. Online trademark search tool to quickly find trademark applications filed in India along with data like logo, class, trademark owner and registration status. Intellectual Property India. Content Owned, updated and maintained by Intellectual Property India, All Rights Reserved. Web Information.
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Whirlpool 5SCC Infringement of trademark is violation of the exclusive rights granted to the registered proprietor of the trademark to use the same.
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However, it is pertinent to note that the Indian trademark law protects the vested rights of a prior user against a registered proprietor trademarks in india is based on common law principles. Passing off is a common law tort used to enforce unregistered trademark rights.
For an action trademarks in india passing off, registration of a trademark is irrelevant. Registration of a trademark is not a pre-requisite in order to sustain a civil or criminal action against violation of trademarks in India.
In India, a combined civil action for infringement of trademark and passing off can be initiated.
Significantly, infringement of a trademark is a cognizable offence and criminal proceedings can be initiated against the infringers. Such enforcement mechanisms trademarks in india expected to boost the protection of marks in India and reduce infringement and contravention of trademarks.
Trademarks in India - Lexology
Relief granted by Courts in Suits for Infringement and Passing off The relief which a court may usually grant in a suit for infringement or passing off includes permanent and trademarks in india injunction, damages or account of profits, trademarks in india of the infringing goods for destruction and cost of the legal proceedings.
The order of interim injunction may be passed ex parte or after notice. What is a trade mark?
trademarks in india In simple terms, trademark is a brand or logo which represents your business. A visual symbol like a word signature, name, device, label, numerals or combination of colors used by owner of the trademark for goods or services or other articles of commerce to distinguish it from other similar goods or services originating from different businesses.
Indian trademark law - Wikipedia
Coca cola and Pepsi are two trademarks from same industry beverages which distinctly identifies source or origin of the goods trademarks in india well as an indication of quality. Trademarks are registered under the Trademark Act, and provide the trademark owner the right to sue for trademarks in india when infringements of trademarks occur.
However, any trademark, which is identical or deceptively similar to an existing registered trademark or trademark for which application for registration has been made, cannot be registered. Also trademark that would likely cause deception or confusion or is offensive may not be registered.
Who can apply for trademark?
Clothing, footwear, headgear Class Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers Class Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings non-textile Class Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees Class Meat, fish, poultry and game; meat extracts; preserved, dried and cooked trademarks in india and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats Class Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces, trademarks in india ; spices; ice Class Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh trademarks in india and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt Class Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages Class