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Article Contents
- Why trade marks may become genericized
- Effects of genericization on legal rights
- Preventing genericization
- Indian trade mark law and the premature death of trade marks
- C. Issues highlighted
- Policing of trade marks: the panacea for all ills
- Declaring trade marks ‘generic’: an economic perspective
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Genericization of trade marks: an Indian perspective on challenges posed and potential solutions
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Debby Jain, Genericization of trade marks: an Indian perspective on challenges posed and potential solutions, Journal of Intellectual Property Law & Practice , Volume 16, Issue 8, August 2021, Pages 785–800, https://doi.org/10.1093/jiplp/jpab091
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Trade marks are a form of intellectual property (IP) that serve to establish a link between a product (or service) in the market and its source. Used in the course of trade, such marks enable consumers, on one hand, to identify goods or services coming from a particular source. 1 On the other, they offer market incentives to registered proprietors by protecting the brand names associated with their products.
Companies operating in diverse sectors—be it pharmaceutical, commodities, entertainment, or luxuries—all invest in developing brand names and protect them via trade marks as they help distinguish goods of one manufacturer from another. These marks further operate as a medium of product advertisement, by assuring buyers of a consistency in the quality of products originating from a particular producer. 2
Unsurprisingly, one of the key objectives of trade mark law is to ensure that consumers are not misled about a product’s source of origin. In India, this is achieved by necessitating that marks either be distinctive by themselves or acquire distinctiveness (secondary meaning) over time via use, goodwill or reputation in order to be protected.
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TRADEMARK LAW IN INDIA -A Critical and Comparative Study
Related Papers
Milan Hossain
babul kumar
Sohaib Mukhtar
Enforcement of trademark law has been in evolution for decades in Pakistan. Pakistani laws dealing with trademark and its enforcement procedures are Trade Marks Ordinance 2001, Trade Marks Rules 2004, Intellectual Property Organization of Pakistan Act 2012 and relevant provisions of Pakistan Penal Code 1860 and Specific Relief Act 1877. Civil procedure is dealt in Pakistan as per Code of Civil Procedure 1908 and criminal procedure as per Code of Criminal Procedure 1898. This article is qualitative method of research analyses trademark and its enforcement procedures of Pakistan as per relevant trademark laws of Pakistan under the light of relevant provisions of Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and Paris Convention. Paris Convention is the first International Convention containing trademark and its enforcement provisions (6-9) as TRIPS is the first International Agreement containing exhaustive provisions on trademark and its enforcement procedures (15-21, 41-61). Part III of TRIPS deals with enforcement of trademark including civil procedure, administrative procedure, provisional measures, border measures and criminal procedure of trademark enforcement. Trademark Registry established under section 9 of Trade Marks Ordinance 2001 and works under Intellectual Property Organization of Pakistan (IPO-Pakistan) which is a statutory body established under section 3 of Intellectual Property Organization of Pakistan Act 2012. The registered trademark owner in Pakistan can avail civil procedure, criminal procedure, administrative procedure as well as provisional and border measures for enforcement of his registered trademark right in Pakistan. TRIPS and Paris Convention have been ratified by Pakistan, but ratification of International Convention and its implementation are two different things. Better enforcement of trademark law may take years to achieve as per relevant provisions of International Conventions therefore designated authorities of Pakistan are required to establish more Trademark Registry branches, more IP Tribunals, appoint and induct more IP experts, examiners in-charge of registration and spread IP awareness throughout Pakistan for betterment of trademark law enforcement in Pakistan.
World Patent Information
François Lévêque
shamvel patole
This paper discusses the principles of passing off and infringement action under the Trademarks Act, 1999. It provides for what acts constitute passing off and infringement of trademarks, what are the remedies available, who can sue and be sued and the defenses available in case of trademark violation. The paper also discusses the factors to be considered in case of passing off and infringement action along with different judicial pronouncements given by Indian Courts.
SSRN Electronic Journal
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Journal of Law and Conflict Resolution
Trademark is a mark, name, sign, smell or a sound, which distinguishes goods and services of one undertaking from goods and services of other undertakings. Malaysia had Trade Marks Ordinance 1950 which is repealed by Trade Marks Act 1976 and there-under Trade Marks Regulations are made in 1997. Trademark dispute arises between parties at the time of registration of trademark and at later stages when infringement of the registered trademark is occurred. The aggrieved party may settle trademark dispute in Malaysia through (i) civil procedure, (ii) administrative procedure, and (iii) criminal procedure to protect his right of trademark in Malaysia. The substantive law dealing with civil procedure of trademark dispute settlement in Malaysia includes Trade Marks Act 1976 and relevant provisions of Specific Relief Act 1950 and procedural laws include Rules of Court 2012 (Order 87) and Rules of High Court 1980 (Order 100 ). The substantive criminal law for settlement of trademark dispute through criminal procedure in Malaysia is Trade Descriptions Act 2011 and the procedural law is Code of Criminal Procedure 1935. Trade Descriptions Act 2011 states that a false trade description includes trademark infringement and false trade indication is also an infringement which is misleading statement in an advertisement for the purpose of trade. The administrative procedure runs under Trade Marks Regulations 1997, Intellectual Property Corporation of Malaysia Act 2002 and relevant provisions of Trade Marks Act 1976 and Customs Act 1967. Paris Convention contains provisions related to border measures and Agreement Trade Related Aspects of Intellectual Property Rights (TRIPS) includes comprehensive chapter on enforcement of Intellectual Property (IP) rights in member states. This article reviews/analyses current trademark dispute settlement structure in Malaysia under relevant provisions of the TRIPS and Paris Convention.
Journal of Asian Research
Civil procedure of trademark enforcement runs in Pakistan under Trade Marks Ordinance 2001, Code of Civil Procedure 1908 and Specific Relief Act 1877. Trademark is one of the components of Intellectual Property Law, it is a mark, name, sign, smell or a sound which distinguishes goods and services of one undertaking from goods and services of other undertakings. It is required to be distinctiveness and non-descriptive, it losses its distinctiveness when owner of registered trademark does not take prompt action against its infringement. The registered trademark owner may file civil suit against infringement of his registered trademark before the concerned District Court of Law for claiming damages and obtaining injunctions. The Trademark Registry works under Intellectual Property Organization of Pakistan (IPO-Pakistan) for registration and protection of trademarks in Pakistan. Similarly, Intellectual Property Corporation of Malaysia (MyIPO) is empowered agency of trademark registration and its protection in Malaysia. The United States Patent and Trademark Office (USPTO) is responsible for registration and protection of trademarks in United States of America (USA). Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) is the only International Treaty which contains exhaustive provisions on trademark enforcement includes civil procedure, administrative procedure, criminal procedure, provisional and border measures. Important civil procedure of trademark enforcement issues need to be clarified in trademark law of Pakistan includes trademark infringement, trademark dilution and rectification of trademark register. This article is comparative analysis of civil procedure of trademark enforcement in Pakistan, Malaysia and USA.
(2014) 22(2) International Journal of Law and Information Technology 75
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India likely to export almost 18 million tonnes of rice in 2024-25: USDA
Supplies increase year to year on record production at 527.6 million tons that more than offsets lower beginning stocks.
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Slow purchases in some states drag rice procurement for central pool, centre keeping all options open to curb rice prices: food secretary, after curbs, non-basmati rice exports fell sharper than basmati rice, uttar pradesh govt transfers nearly rs 11,200 crore to paddy farmers, need for collective effort to improve dsr paddy cultivation: white paper, uttar pradesh govt plans to promote agri startups, introduce ai in farming, every rupee invested in agri research yields rs 13.85, says study, madhya pradesh farmers struggle to make the most of soaring wheat prices, govt lifts ban on onion exports; imposes min export price of $550 per tonne, centre imposes 40% duty on export of onions with effect from may 4.
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India signatory to Madrid Protocol :Six years post ratification of the Madrid Protocol, India enters the international regime of registration of Trademark.By notification dated 8th July 2013, the ...
India and the world over. This paper hence mainly focuses on examining the legal status of ... 6 International Journal of Research and Analytical Reviews 914, 914-923 (2019). 7Section 2, Trade Marks Act, 1999. ... Non-Conventional Trade Marks in India, 22 National Law School of India Review 67, 67-96 (2010).
This research paper undertakes a comparative analysis of trademark protection laws in India within the broader global context. Trademarks serve as crucial assets for businesses worldwide, fostering brand ... businesses seeking to cultivate a robust trademark regime in India that aligns with global standards. Introduction
Trade marks are a form of intellectual property (IP) that serve to establish a link between a product (or service) in the market and its source. Used in the course of trade, such marks enable consumers, on one hand, to identify goods or services coming from a particular source. 1 On the other, they offer market incentives to registered ...
A person or company from a convention country, May within six months of making an application in the home country, applies for registration of the trademark in India. If such a trademark is accepted for registration, such foreign national will be deemed to have registered his or her trademark in India, from the same date on which he or she made ...
Abstract. Legal protections for trademarks are doctrinally justified by the need to prevent consumer confusion, which potentially disadvantages both individuals who are tricked by confusing or deceptive trademarks into purchasing goods and services other than those they intended to procure, and the providers of goods and services who lose sales when consumers are confused or deceived.
PASSING OFF UNDER THE TRADEMARKS LAW IN INDIA A Thesis Submitted to Goa University for the Award of the Degree of ... IN LAW By MR. VINOD GAJANAN SHIRODKAR Research Guide DR. G. SHABER ALI M.A., LL.M., (NLSIU), M.L., Ph.D., Coordinator for PG & Research Centre At V M Salgaocar College of Law Research Centre, ... The Trade Marks Rules, 2017 101 ...
This paper discusses the principles of passing off and infringement action under the Trademarks Act, 1999. It provides for what acts constitute passing off and infringement of trademarks, what are the remedies available, who can sue and be sued and the defenses available in case of trademark violation. The paper also discusses the factors to be ...
JETIR2108372 Journal of Emerging Technologies and Innovative Research (JETIR) www.jetir.org c988 INDIAN PERSPECTIVE ON UNCONVENTIONAL ... 3 Tanisha Agarwal & Vanshaj Mehta, "Hear Me, Touch Me, Taste Me, Smell Me: Conventionalizing Non-Conventional Trade Marks in India", Journal on Contemporary Issues of Law, Volume 3 Issue 5, ISSN 2455-4782
IJCRT1705232 International Journal of Creative Research Thoughts (IJCRT) www.ijcrt.org 1616 WELL KNOWN TRADE-MARK PROTECTION IN ... The paper highlights the problem of lack of legislative protection for well known trademarks with elaborate study of ... 1 Trade Marks Act, 1999,s. 2(zb) "trade mark means a mark capable of being represented ...
JETIR1905U91 Journal of Emerging Technologies and Innovative Research (JETIR) www.jetir.org 2853 AN ANALYSIS OF PASSING OFF ACTION AND INFRINGEMENT OF TRADEMARKS IN INDIA Vaasawa Sharma1 1 LL.M. Student, Amity University, Gurugram ABSTRACT Intellectual Property Rights is the branch of law which protects the rights of creators, owners and inventors
Mark's in India Sunil Prakash Dhadwad Ph.D. Research Scholar _____ ABSTRACT: This paper discusses the relevant provisions of the Indian statute, highlighting the protection offered to Well-Known Trade Mark's proprietors from passing off and infringement of well-known trademarks. It provides for what acts
This research paper focuses on several trademark infringement cases in India. KEYWORDS Intellectual Property Rights, Trademark, Infringement INTRODUCTION As is well known, In India the trademarks are protected under Trademark Acts, 1999. This Act establishes the Law governing trademark registration, protection, and penalties for infringement.
Sohaib Mukhtar. Trademark is a mark, name, sign, smell or a sound, which distinguishes goods and services of one undertaking from goods and services of other undertakings. Malaysia had Trade Marks Ordinance 1950 which is repealed by Trade Marks Act 1976 and there-under Trade Marks Regulations are made in 1997.
The Trade Marks Act, 1999 and the Trade Marks Rules, 2002 govern the law relating to Trade Marks in India. The Trade Marks Act, 1999 protects the trademarks and their infringement that may get challenged by a passing off or infringement action. The Act protects a trade mark for goods or services, on the basis of either use or registration or on ...
Received: 17th September 2020; accepted: 30th September 2021. This paper attempts to present a deeper understanding of the practice of naked licensing in the field of trademark law. The paper traces the development of trademark licensing in India and correlates it with the concept of quality control of licensing.
Trademarks define the source of the product and makes it unique from its sub-standard replicas.In India Trademarks are protected by The Trademarks Act, 1999 which came into force repealing the Trademarks and Merchandise Act,1958 to meet the WTO and TRIPS requirements.The present act offers a lot of new features to reap benefits out of ...
Trademark in Digital Era: Issues in Protection of Fluid Marks Analysis Shailesh Kumar Singh National University of Study and Research in Law Ranchi, Jharkhand, India ABSTRACT: This paper is dealing on the issue of Fluid marks under the Trademarks Act. It is talking about how the change in
India's rice exports will be a sizeable chunk of the global trade, but it will still be much lower than the record 22 million tonnes it exported in 2021-22, USDA said. On the world rice markets, it said the global rice outlook for 2024-25 is for rising supplies, trade, consumption, and ending stocks.
Non-Conventional Trade Marks in India. National Law School of India Review, Vol. 22, No. 1, pp. 67-96, 2010. 30 Pages Posted: 19 Feb 2010 Last revised: 27 May 2010. ... Research Paper Series; Conference Papers; Partners in Publishing; Jobs & Announcements; Special Topic Hubs; SSRN Rankings . Top Papers; Top Authors; Top Organizations;
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