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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.
The Trademark Act of 1905 imports the rules of practice and procedure that govern appeals of patent applications, and so authorizes a trademark owner to bring a suit in equity following an unsuccessful trademark cancellation appeal; and under the Trademark Act, both parties to a trademark cancellation interference have the right to appeal a ...
A patent according to section 1 of the Patent Act, is the right to protect an invention. [15] In the Massachusetts Circuit Court ruling in the patent case of Davoll et al. v. Brown, Justice Charles L. Woodbury wrote that "only in this way can we protect intellectual property, the labors of the mind, productions and interests are as much a man's own...as the wheat he cultivates, or the flocks ...
A word, phrase, or logo can act as a trademark. But so can a slogan, a name, a scent, the shape of a product's container, and a series of musical notes. [7] The language of the Lanham Act describes that universe [of things that can qualify as a trademark] in the broadest of terms. It says that trademarks "includ[e] any word, name, symbol, or ...
"Indian trademark law" statutorily protects trademarks as per the Trademark Act, 1999 and also under the common law remedy of passing off. [9] Statutory protection of trademark is administered by the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion (DIPP), under the Ministry of Commerce and Industry.
There were two types of practitioners; Advocates and Proctors based on English law, while since the implementation of the Justice Law No. 44 of 1973, there are only one type of legal practitioners authorized to represent others in all court of law in the island and are also authorized to give advice regarding any matter of law, known as Attorneys at law.
English: An Act to make new provision for registered trade marks, implementing Council Directive No. 89-104-EEC of 21st December 1988 to approximate the laws of the Member States relating to trade marks; to make provision in connection with Council Regulation (EC) No. 40-94 of 20th December 1993 on the Community trade mark; to give effect to the Madrid Protocol Relating to the International ...
According to section 6 original intellectual creations in the literary, artistic and scientific domain are protected as works, in particular books, pamphlets, articles, computer programs and other writings