Important terms to be considered for trade mark process

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Important terms to be considered for trade mark
process
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There are some of the important terms are used
in trademark process, which is going to be
discussed here along with a meaning.

• Definition and interpretation
• In this act, unless the context otherwise
  requires,
• Appellate board means the appellate board
  established under section83
• Assignment means an assignment in writing by act
  of the parties concerned
• Associated trademarks mean trademarks deemed to
  be, or required to be, registered as an
  associated trademark under this act

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Bench means a bench of the appellate
board Certification trademark is a mark which
is capable of distinguishing the goods or
services in connection with which it has been
used in the course of trade that are certified by
the proprietor of the mark with respect to
origin, material,  mode of manufacturing the
goods or the performance of services, accuracy,
quality or other characteristics from goods or
services which is not so certified and
registrable as in respect of those services or
goods in the name, as proprietor of the
certification trademark of a person
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Chairman means the chairman of the appellate
board Collective mark means a trademark
distinguishing the goods or services of members
of an association of persons (not being a
partnership within the meaning of the Indian
Partnership Act, 1932 (9 of 1932) which is the
proprietor of the mark from those of
others Deceptively similar- a trademark that
shall be deemed to be deceptively similar to
another mark if it nearly resembles the other
mark that is to be likely to deceive or cause
confusion
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• False trade description means-
• A trade description which is untrue or misleading
  in a material respect as regards the goods or
  services to which it is applied or
• Any alteration of a trade description as regards
  the goods or services to which it is applied,
  whether by way of addition, effacement or
  otherwise, where that alteration makes the
  description untrue or misleading in a material
  respect or
• Trade description which implies or denotes that
  there has been contained as regards the goods in
  which it is applied, more meters or yards than
  there are contained therein standards meters or
  yards or

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• Any arrangement or marks or combination thereof
  when applied
• To goods in such a manner as to be likely to lead
  persons to believe that the goods are the
  manufacture or merchandise of some person other
  than the person whose merchandise or manufacture
  they really are
• In relation to services in such a manner as to be
  likely to lead persons to believe that the
  services are provided or rendered by some person
  other than the person whose services they really
  are or
• Any initials or a fake name of a person applied
  to services or goods in such a manner if such
  name or initials were a trade description in any
  case where the name or initials
• Is or are not a trademark or part of a trademark
  and
• It is same or identical with or deceptively
  similar to the persons initials or a name that
  carries on a business has to be in connection
  with the goods or services of the same
  description or both and who are not authorized to
  use such name or initials and
• Either the initials or name of a fictitious
  person or some person who is not a bonafide
  carrying on a business in connection with such
  services or goods.

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• And the fact that a trade description is
  a trademark or part of a trademark shall not
  prevent such trade description being a false
  trade description within the meaning of this act
• Goods mean anything which is the subject of trade
  or manufacture
• Judicial member means a member of the appellate
  board appointed as such under this act, and
  includes the chairman and the vice-chairman
• Limitations with its grammatical variation mean
  the limitations of the exclusive rights in order
  to use of the trademark which is given by the
  registration of a person as a proprietor thereof,
  includes the limitations of that right as to mode
  or area of use within India or outside the
  country

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• A mark generally includes a heading, brand,
  device, signature, name, ticket, letter, shape,
  word, numeral, a combination of colours,
  packaging or any combination thereof
• Member means a judicial member or a technical
  member of the appellate board and includes the
  chairman and the vice-chairman
• The name includes any abbreviation of a name
• Notify means to notify in the trademark journal
  published by the registrar
• Package includes any case, box, container,
  covering, folder, receptacle, vessel, casket,
  bottle, wrapper, label, band, ticket, reel,
  frame, capsule, cap, lid, stopper, and cork
• Permitted use, in relation to a registered
  trademark, means the use of the trademark-

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• By a registered user of the trademark in relation
  to goods or services
• Which he may connect in the course of trade
• The trademark remains registered for the time
  being and
• For which he is registered as a registered user
  and
• That complies with any limitations or conditions
  to which the registration of a registered user
  may be subject or
• A person other than the registered proprietor and
  the registered user in relation to the goods or
  services-
• With which he is connected in the course of
  trade and
• Trademarks registered with respect to time being
• Consent of a registered proprietor in a written
  agreement and that complies with any conditions
  or limitation to which such user is subject and
  to which the registration of the mark is subject

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• (s) Prescribed means prescribed by rules made
  under this act
• (t) Register means the register of trademarks
  referred to in sub-section (1) of section 6.
• (u) Registered (with its grammatical variations)
  means registered under this act
• (v) A registered proprietor, in relation to a
  trademark, means the person for the time being
  entered in the register as proprietor of the
  trademark
• (w) Registered trademark means a trademark which
  is actually on the register and remaining in
  force
• (x) Registered user means a person who is for the
  time being registered as such under section 49
• (y) Registrar means the registrar of trademark
  referred to in section 3
• (z) here, service is referred as any description
  which is made available to the potential users
  that includes the provisions of services that has
  connection with business of any commercial or
  industrial matters such as communication,
  banking, education, insurance, financing, real
  estate, chit funds, storage, transport,
  processing, supply of electrical or other energy,
  material treatment, lodging, processing,
  boarding, amusement, construction, entertainment,
  conveying of proper information or news and
  advertising
• (za) trade description means any description,
  statement or other indication, direct or
  indirect,

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• As to the quantity, measure, number, weight or
  gauge of any goods or
• As to the quality and the standard of any
  services or goods in accordance with a
  classification which is commonly used or
  recognized in the trade or
• As to the fitness for the purpose, performance,
  strength or behaviour of any goods, drugs which
  are defined in the drugs and cosmetics Act or
  food which is defined in the prevention of food
  and adulteration act, 1954.
• As to the country or the place in which or at the
  time of any services or goods were made, produced
  or provided, as the case may be or
• As to the address and the name or any other
  indication of the identity of the manufacturer or
  the person who provides the services or the
  person to whom the goods are manufactured or the
  services were provided or
• The mode of manufacturing or producing the goods
  or providing the services or
• To the material in which the goods were composed
  or
• To the goods being subject to an existing
  copyright or privilege, patent.

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• And includes-
• The description of the use of any mark which
  accords to the custom of the trade is commonly
  taken to be the indication of the above matters
• The description of the imported goods which are
  contained in any bill entry or shipping bill
• The trade descriptions may be mistaken or
  misunderstood for all or any of the said matters
• Trademark is a one which graphically represents
  and capable enough to distinguish the services or
  goods of one person from those of others and that
  includes the packaging, shape of goods and the
  combination of colours and
• Relation to a registered trademark or a mark
  which has been used in relation to the services
  or goods for the purpose of indicating or to
  indicate a connection in the course of trade
  between the services or goods, as the case may be
  and some person has the right as proprietor to
  use the mark and

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• In relation to any other provisions of this act,
  a mark which is used or proposed to be used which
  in relation to the services or goods for the
  purpose of indicating or to indicate a connection
  in the course of trade between the services or
  goods as the case may be and some person may have
  the right either as a permitted user or a
  proprietor to use the mark whether with or
  without any indication of the identity of the
  person and includes a collective mark or a
  certification trademark
• Transmission refers to the transmission by
  operation of law, devolution on the personal
  representative of a deceased person of any other
  mode of transfer, not being assigned
• Technical member means a member who is not a
  judicial member
• Tribunal referred to the registrar or as the case
  may be, the appellate board, before which the
  proceeding concerned is pending
• Vice-chairman means a vice-chairman of the
  appellate board

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A mark which is well-known in relation to goods
or services means a mark which becomes a
substantial segment of the public that uses such
goods or receives such services that the use of
such mark in relation to other services or goods
that would be likely to be taken as indicating a
connection in the course of trade or rendering
the services between those services or goods and
a person using that mark in relation to the
first-mentioned goods or services.
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• In this act, unless the context otherwise
  requires, any reference-
• To trademark, shall indicate a reference to
  collective mark or certification trademark
• To the use of a trademark that would be construed
  as a reference to the use of a visual or a
  printed representation of the mark
• To the use of the mark,
• In relation to goods, shall be construed as a
  reference to the use of the mark upon, or in any
  physical or in any other relation whatsoever, to
  such goods
• When comes to services, it may be construed as a
  reference to the use of a mark or a part of any
  statement about the provision, availability or
  performance of such services
• The registrar shall be construed as a reference
  to any officer while discharging the functions of
  the registrar in pursuance of sub-section (2) of
  section 3.
• To the trademark, the registry shall be construed
  as including a reference to any office of
  the trademark registry.

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• Actually, the purposes of this act are goods and
  services have to be associated with each other if
  it is likely that those goods may be sold or
  otherwise traded in and those services may be
  provided by the same business and also with the
  description of goods and services.

For the purposes of this act, existing registered
trademark means a trademark registered under the
trade and merchandise act, 1958 immediately
before the commencement of this act
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