07Nov 2018 by admin

Procedure of appeal and the function of appellate board (Section 116)

Trade
Section 116 of the Act provides that, subject to the provision of this Act, the Appellate Board established under section 83 of the Trade Marks Act, 1999 shall be the Appellate Board for the purposes of this Act and the said Appellate Board shall exercise the jurisdiction, power and authority conferred on it by or under this Act:Provided that the Technical Member of the Appellate Board forth purposes of this Act shall have the qualifications specified in sub-section (2)A person shall not be qualified for appointment as a technical member for the purposes of this Act unless he – ADVERTISEMENTS: (a) Has, at least five years held the post of Controller under this Ai or has exercised the functions of the Controller under this Act of at least five years.(b)…
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07Nov 2018 by admin

What is a good trademark?

Trade
Good trademarkApart from distinctiveness or capable of distinguishing a good trademark should possess the following attributes:(i) It should be easy to pronounce and remember, if the mark is a word, ADVERTISEMENTS: (ii) In the case of a device mark the device should be capable of being described by a single word,(iii) It must be easy to spell correctly and write legibly,(iv) It should not be descriptive but may be suggestive of the quality of goods,(v) It should be short, ADVERTISEMENTS: (vi) It should appeal to the eye as well as to the ear,(vii) It should satisfy the requirements of registration, it should not belong to the class of marks prohibited for registration. Image Source: blogs-images.forbes.comIn general a manufacturer of goods is free to adopt any mark to distinguish his goods.…
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07Nov 2018 by admin

Short essay on the Protection of trade secrets

Trade
Trade secrets are kept secret and thus not disclosed to the public at large. The owner or creator takes concurrent steps and prevent J his knowledge from slipping out his hands to its rival side.Protection of trade secretsTrade secrets are kept secret and thus not disclosed to the public at large. The owner or creator takes concurrent steps and prevent J his knowledge from slipping out his hands to its rival side. ADVERTISEMENTS: In exchange of getting the chance to be appointed by the holder of trade secrets, a worker will ready to sign a contract not to disclose any material information and data of his employer.Any negligence or violation of the same will means an imposition of financial penalties. Other business associates or companies with whom the inventor is…
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07Nov 2018 by admin

Offences and penalties under the trademarks act (Sections 101 and 102)

Trade
Offences and penalties under the trademarks act (Sections 101 and 102)Sections 101 and 102 of the Act prescribe the nature of the offences. There are certain criminal offences relating to trademarks, trade description etc., which are punishable with imprisonment, fine or both.Falsifying a trade mark to goods or services, falsely applying a trade mark to goods and services; making or possessing instruments for falsifying trademarks; applying false trade description to goods applying false indication of country origin; tampering with an indication of origin already applied to goods; causing any of the above acts; selling goods or possessing or exposing for sale of goods falsely marked; removing piece goods, cotton yarn and threads from the factory before stamping thereon certain particulars like length, weight, counts, etc.; falsely representing a trade mark…
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06Nov 2018 by admin

The method adopted for passing off includes:

Trade
The method adopted for passing off includes:(i) Direct false representation;(ii) Adoption of a trademark which is the same or a colorable imitation of the trade mark of a rival trader; ADVERTISEMENTS: (iii) Adoption of an essential part of a rival trader’s name;(iv) Copying the get-up or color scheme of the label used by a trader(v) Imitating the design or shape of the goods;(vi) Adopting the word or name by which the rival trader’s goods or business is known in the market, and many other ingenious methods Image Source: missioncommunitymarket.org ADVERTISEMENTS: Direct misrepresentation is rare. If a customer orders goods of particular make under a particular name and received something else it is a case of passing off although if he had examined the goods he would not have been deceived.The…
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06Nov 2018 by admin

Trade mark does not amount to infringement (Section 30)

Trade
Section 30 prescribed certain uses will not constitute infringement:(i) Use in accordance with honest practices in industrial and commercial matters which will not take unfair advantage of or cause detriment to distinctive character or repute of the trademark;(ii) Use in relation to goods or services indicating character, quality or geographical origin; ADVERTISEMENTS: (iii) In relation to services to which the mark has already been applied by the proprietor or registered user the object of the use is to indicate that the services have been performed by the proprietor or registered user.(iv) Where a trade mark is registered subject to any conditions or limitations, any use of the mark beyond the scope of such conditions or limitations will not constitute infringement. Image Source: baystongroup.comThus if registration is limited to certain territories,…
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06Nov 2018 by admin

Industrial designs are an element of intellectual property

Economic Development
Industrial designs refer to creative activity which result in the ornamental or formal appearance of a product and design right refers to a novel or original design that is accorded to the proprietor of a validly registered design. Industrial designs are an element of intellectual property.Under the TRIPS Agreement, minimum standards of protection of industrial designs have been provided for. As a developing country, India has already amended its national legislation to provide for these minimal standards.The essential purpose of design law it to promote and protect the design element of industrial production. Image Source: huxleyhillinvestigations.com ADVERTISEMENTS: It is also intended to promote innovative activity in the field of industries. The existing legislation on industrial designs in India is contained in the New Designs Act, 2000 and this Act will…
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06Nov 2018 by admin

Short notes on the Types of design applications

Globalization
Types of design applications(i) Ordinary Application and (ii) Convention Application ADVERTISEMENTS: Ordinary Application:A first application made for a design without claiming priority from any application is called an ordinary application. Image Source: colourbox.comConvention Application:By virtue of the Paris convention, an application filed that claims a priority based on a convention application(s) is called a convention application. ADVERTISEMENTS: To get a convention status, an applicant should file the application in an Indian Design Office within 6 months from the date of first filing in the convention country.Industrial designs refer to creative activity which result in the ornamental or formal appearance of a product and design right refers to a novel or original design that is accorded’ to the proprietor of a validly registered design. Industrial designs are an element of intellectual…
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06Nov 2018 by admin

Short essay on Vasco da Gama

Trade
Vasco da Gama was the first European to reach Calicut, by the sea route on May 20, 1498. He had to face the hostility of Muslim merchants at Calicut.He returned with the message that sword was a must for the Eastern trade. In 1500, Portuguese under Cabral attacked Zamorin.When news of his failure reached Portugal, Vasco da Gama was sent in 1502, to avenge the act. After arriving in Calicut, Vasco da Gama subdued the inhabitants and forced the ruler to make peace. Image Source: a4.files.biography.com ADVERTISEMENTS: In 1509, Alfonso d’ Albuquerque came to India as the Portuguese Governor. He captured Goa from Yusuf Adil Khan of Bijapur in 1510 and developed it as Portuguese capital in India and used it for expanding their trading interests.For about the first two…
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06Nov 2018 by admin

Essay on Anglo-French conflicts in India and their outcome

Trade
Owing to the unstable political situation in India during mid-18th century the rivalry between the European companies left two important rivals in India in the form of English and the French East India Companies.Their rivalry in India did not remain confined only to trade but it assumed political overtones as well. ADVERTISEMENTS: Madras and Pondicherry were the chief trading centres for the English and French respectively on the Coromandel Coast.The relations between both the companies were tense. The Carnatic region was totally disturbed politically. Image Source: cdn.historydiscussion.netIt was but natural for English and French to support different groups/parties in the region and take opposite stand on various issues.The Anglo-French struggle in India began in the coastal areas north and south of Madras then known as the Carnatic. ADVERTISEMENTS: The Anglo-French…
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