What are the attributes of a well known trademark?
The Trademarks Act, 1999, defines well-known trademark as, “a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade …
What is trademark in entrepreneurship?
Definition: Any symbol, word or combination thereof used to represent or identify a product. A service mark means the same thing, but identifies a service. A trademark is a corporate symbol that contributes to the image the company is trying to build. …
What a trademark should be?
The legal requirements to register a trademark under the Act are: The selected mark should be capable of being represented graphically (that is in the paper form). It should be capable of distinguishing the goods or services of one undertaking from those of others.
What is well-known mark?
The term “well-known trade mark” has been defined in the Trade Marks Act, 1999 and refers to a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a …
Can a trademark be removed on the ground of non use?
Answer: Yes, a registered trademark can be removed on the basis of non use. Except as excused in clause 3 of section 47 of trademarks act, 1999, a trade mark may be removed on the ground of non-use if: 1.
How does the Trademark Office accept a trademark?
If the trademark office is satisfied that the trademark request complies with all the necessary provisions under the act, the mark is advertised before acceptance. The Registry may also call holder for personal hearing regarding the acceptability of the mark. 8.
Can a trademark be advertised in a trade marks Journal?
In the post-examination process, if the trademark application is considered allowable, the trademark will be advertised in the Trade Marks Journal. If an objection is raised, an official examination report will be issued to the owner of the mark.
Are there any trademarks that can not be trademarked?
Well, yes. Trademarks are categorized on a spectrum, with distinctive or arbitrary marks such as Nike and Apple on one end, and terms that are primarily descriptive (many which cannot be trademarked) on the other.
Answer: Yes, a registered trademark can be removed on the basis of non use. Except as excused in clause 3 of section 47 of trademarks act, 1999, a trade mark may be removed on the ground of non-use if: 1.
If the trademark office is satisfied that the trademark request complies with all the necessary provisions under the act, the mark is advertised before acceptance. The Registry may also call holder for personal hearing regarding the acceptability of the mark. 8.
In the post-examination process, if the trademark application is considered allowable, the trademark will be advertised in the Trade Marks Journal. If an objection is raised, an official examination report will be issued to the owner of the mark.
How to overcome an objection to a trademark?
To overcome the objection, the trademark holder needs to file a proper legal reply to the Trade Mark Registry in order to overcome the same. A reply has to be made to the trademark office in lieu of the reports that may be accepted or may be followed by a hearing.