Tuesday, 16 August 2016

TRADEMARK REGISTRATION

TRADEMARK REGISTRATION
           Trademarks are world over known to constitute words, names, letter, numeral, graphical representations in the form of shape/ configuration of goods, labels, logos, packaging, combination of colors, etc. with respect to goods or services, that are capable of distinguishing the goods or services of one person from those of another. Unregistered trademark rights accrue from common law creating a passing off right of action that must be established through priority date of first use along with continuous use over a period of time.
Although trademark registration is not compulsory in India, a major advantage of registration is that it confers a statutory monopoly and constitutes prima facie proof or evidence in the eyes of law towards the creation of an exclusive right in favor of the owner of the trademark. Infringement action under The (Indian) Trademarks Act, 1999, can be pursued only for a registered trademark.

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