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Indian trademark law statutorily protects trademarks as per the Trademark Act, 1999 and also under the common law remedy of passing off. [1] Statutory protection of trademark is administered by the Controller General of Patents, Designs and Trade Marks, a government agency that reports to the Department of Industrial Policy and Promotion (DIPP), under the Ministry of Commerce and Industry.
Restoration of a lapsed patent is relatively time taking and a complex procedure. [17] According to Section 60 of The Patents Act, 1970, an application for the restoration of the patent can be made by the patentee or their legal representative and the petition should be applied to the controller at the Indian Patent Office (IPO) within eighteen ...
It is updated every five years and its latest 11th [2] version of the system groups products into 45 classes (classes 1-34 include goods and classes 35-45 embrace services), and allows users seeking to trademark a good or service to choose from these classes as appropriate. Since the system is recognized in numerous countries, this makes ...
The Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act) is a sui generis Act of the Parliament of India for protection of geographical indications in India. India, as a member of the World Trade Organization (WTO), enacted the Act to comply with the Agreement on Trade-Related Aspects of Intellectual Property ...
The Trademark Law Treaty (TLT) is a 1994 treaty entered into by a large number of countries establishing procedures for recognizing trademarks registered in other member countries. It operates under the auspices of the World Intellectual Property Organization .
The State List consists of 61 items (previously 66 items) where a state legislative assembly can make laws applicable in that state. But in certain circumstances, the Parliament can also legislate temporarily on subjects mentioned in the State List, when the Rajya Sabha has passed a resolution with two-thirds majority that it is expedient to legislate in the national interest per Articles 249 ...
In Indian trademark law, the first user of an unregistered trademark has priority over a later user who registers the trademark if it can be proven that first use predated trademark registration. [7] Registering a trademark gives the owner the exclusive right to use it, unless another entity's prior use can be established. Owners of ...
The registration process typically begins with a trademark clearance search to identify potential conflicts that could prevent the registration of the trademark. [ 73 ] [ 75 ] A comprehensive clearance search can help avoid costly and time-consuming issues, such as refusal to register, opposition or cancellation proceedings, or a trademark ...
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