Title: Stereotypes About Trademark Registration | Corpstore
1Rights of Merchants under section 34, 35 and
36.
2The trademark is a Stereotypes
- The trademark is registered or not? These
questions may come under the UK Act corresponding
to the section 34 of the Act. After that it will
discuss seriously. And it also considered being
as a serious issues. - Conversely, The registration of the trademark may
not affect the use of other traders in their
goods descriptions. Thus, the court asks
themselves that the registration cause any
substantial difficulty? - Or it causes anyones trade or market difficult?
After getting these answers only the court will
takes the particular actions about
the registration of trademarks.
3If the answer is negative the court confines to
follow up the procedures.
- This gets approval in WG case by Lord Shaw.
- According to section 34 the arguments to the
right of the logo from other traders protects and
there is right to oppose the objection of the
registration. - It may cause the breaking of legitimate rights of
other traders. The arguments from other traders
also get double edge. - Take an example the word gramophone is using by
the trade person who sold their goods.
4Hypothetical Use
5Hypothetical Use
- But personally the word resembles to the
particular types of talking machine. Thus a
single word can uses in variety of two ways. - The section 35 says that the registered person
cannot able to interfere in any trademark with
the bona fide of other persons name or the place
of business or the description of the quality of
the goods or services. - The section 36 mainly uses for preventing any
person from confirming the legitimate right of
trademark or patent which associates with the
name or description of an article.
- The registration should not affect the use of the
mark from others who is using the mark in the
description of goods. - The influence on the rights of other traders may
consider in the requirements of the actual trade. - The laws for the protection by section 35 and 36
are standalone with the queries of the trademark
formation. - The section 44 of the Act defines if any word is
defining the actual purpose of the good then it
cannot place the category of registration. - It is consider as incapable of registration of a
trademark.
6Design and the trade marks
- The design is a particular visual representation
as described in the Designs Act,2002 is appear in
the goods not in the trademark as mentioned o
Trademarks Act, 1999. - The same thing cannot register as both trademark
and design. If the item is registering under
the design and after it gets expire it can apply
as trademark.
7Limitation as to colour in Stereotypes
- Here these cases the subject is not a matter.
The subject of the application was capable of
being registering as a design. - The design is the part of the goods and the
trademark is the one which denotes the identity
and origin of goods. - The mark is capable to the limitations of colour
or without such colour limitations. - The specification limitations are applicable to
the mark or otherwise make disqualifications for
Registration
8Registration for export markets
- The export basis trademarks are registering in
Part B under the old law. - The evidence is getting from the traders of
worldwide to show that the logo is distinctive of
the applicants goods for exporting. - Thus the exporting market does not considered as
the whole but must considered as a separate
markets. - To get the trademark registration in abroad we
need the home registration documents and no
distinction is making between the Part A and Part
B registration. - The certificate of Part B is enough to meet all
the requirements. Under the Madrid System the
application in the home country is adequate for
making an application for the international
registration of marks. - The mark registration in the home country is
winding up under the Madrid agreement not under
the Madrid protocol. The registers of trademarks
are in two parts Part A and Part B. with unique
legal rights under the 1958 Act.
9Rights gained by trademarks Stereotypes
- that are already registered in Part B
10registration criteria
- The registration criteria for part B are
comparatively less. The new law 1999 is abolish
the two part Stereotypes registration system and
keeping only one registration with same level of
requirements to enhance the easy trademark
registration. - The register of the trademark under the section
6(7) has been incorporates to the new Act. The
part A and the part B register is merging into a
single register and the statutory rights
conferred by formation in respect of part B. At
present all the trade marks have same legal
rights.
11Onus
- Both stages of the application and the opposition
proceedings, the onus is one of the application
to reveal that the logo is good enough to
describe the products quality. There is no
difference in the Part A and the Part B
application. - The invoice copies and bills are reveals that the
goods are under trademark. The goods
specifications and its trademark all should
described in the bill. Neither the relation
between two cannot infer. The volume of sale has
to be considered with the reference to the nature
of the goods and spectrum of consumers.
12Ground for Stereotypes Refusal
- The difference between the two enactments is the
absolute ground for refusal. The confusion rose
from the similarity or in difference between the
proposed mark and the existing logo. - The section 9(2)(a) is concerned with the nature
of the mark by the reason of something
fundamental in the mark or its use, or its
quality or its geographical origin of the goods
and service. - The mark may handle the misrepresentation of the
goods or services. Misleading use also defined
the mark contains false or misleading matter or
mark which are used in the deceitful trade.
13Issue is one of the Public Interest
- The court satisfies that there is a real
confusion if the mark is requiring to register to
put on the register. The registrar should not
refuse to register a mark as calculated to play
away where there is no evidence. The confusion
predicted in section 9(2) (a) flows to something
contained in the mark itself sought to be
registered and not out of resemblance with any
other mark.
14Refusal of the mark if its hurt the Religious
sentiments
- The common trade practice in India is to use the
name and pictures of the Gods or goddess or
religious heads as mark Stereotypes . The section
9(2)(b) fully prohibit these types of activities
against these activities. - It may cause hurt on the religious citizens in
India. It violates the religious sentiments of
people and the public and the court itself bans
the approach. - The name of the Gods or religious heads on the
footwear is distasteful and its cause public
offense. The Hindu Gods name on the meat products
and the Muslim Gods name on the pork also harm to
certain approaches. It dominates the religious
feelings of public. The registration of such
marks may cause harm to section 9(2) (b).
15Emblems Act
16Emblems Act
- The registration of the mark prevents if it is
used the emblem of any other goods under the
emblem act 1950. The emblem acts prohibits the
use of the certain emblems and names for
professional and commercial purpose.
Such trademarks reflect the emblem of any
particular thing results contravention of section
3 and section 4(b) of the 1950. - Guidelines under Emblems Act
- The central government states certain guidelines
under item 7. Those are describing in these
cases, - It is identical with the names of any society or
local body which has been set up by Govt of India
or state Govt under any certain law. - It gives the support of central or state
government. For example, the Indian council of
Agricultural Research is a registered body under
the ministry of Agricultural and Cooperation. If
any name starting with Indian Council may mislead
the public that are patronized by the Government.
17The nature of the goods and the classes of the
customers are to consider
- The expressive nature of the goods or services
has to consider in relation to the services and
goods relations. The classes of the customers are
also considering in these cases. - Because peoples are buy the goods on different
categories and general public. The word of
the trademark should be understandable by the
people.
18Trademarks common to Trade
- The mark Stereotypes may be considered as not
capable of distinguishing the goods or services
when it is common to the relevant trade or
customary in the current language. - In such cases the trademark cannot able to
perform any function. The mark may become common
to the trade when it is open to the trade to use
it. - The rights of every trader are mentioned in the
bona fide and expression without improper motive
in accordance with honest business strategies.
19Tests for determination of goods of same or
different description
- The registration of the Stereotypes applicant is
not matter to consider the characteristics of the
goods or services. Like, he is a manufacturer or
dealers etc are not considering in case to
distinguish the quality. The courts consider that
the product is manufactured from less number of
manufacturers than the other or by foreign
nationals or local manufacturers. The goods
should use in association is not in itself a
reason that they should regarding as goods of
same descriptions.
20Conclusion
- Trademark registration Stereotypes enhances the
power of goodwill and trust. You can easily trade
your products after getting the certificate of
registration. The certificates higher end the
pride of the company. Once you get the trademark
certificate, there is no need to explain the
goods quality and other factors, only mark is
enough to describe everything. Register your
trademark In Coimbatore and assure the quality to
your customers. We Corpstore helps to form the
trademarks with limited cost and limited period
of time.