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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 law of trademark in India before 1940 was based on the common law principles of passing off and equity as followed in England before the enactment of the first Registration Act, 1875. [3] The first statutory law related to trademark in India was the Trade Marks Act, 1940 which had similar provision to the UK Trade Marks Act, 1938.
One disadvantage of the Madrid system is that any refusal, withdrawal or cancellation of the basic application or basic registration within five years of the registration date of the international registration will lead to the refusal, withdrawal or cancellation of the international registration to the same extent.
As of January 2014, there were 84 signatory nations to the Nice Agreement; these countries have officially adopted the Nice Classification and apply it in the registration of trademarks. In addition, 65 non-member countries, four organizations and the International Bureau of WIPO also use the Nice Classification.
Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, especially in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence civil legal ...
A cause of action for passing off is a form of intellectual property enforcement against the unauthorised use of the trade dress (the whole external appearance or look-and-feel of a product, including any marks or other indicia used) which is considered to be similar to that of another party's product, including any registered or unregistered trademarks.
Refusals cannot be based on formality requirements. Refusal by one contracting party is limited to its own territory and does not affect the international registration in other designated jurisdictions. [13] WIPO must be notified of any refusal within six (or twelve) months of the date of publication in the International Designs Bulletin.
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.