Web(3) A trade mark shall not be registered if, or to the extent that, its use in India is liable to be prevented— (a) by virtue of any law in particular the law of passing off protecting an unregistered trade mark used in the course of trade; or (b) by virtue of law of copyright. Web17 Jun 2024 · Under the Act, another pertinent distinction provided between the two terms is that well-known trademarks [as provided under Section 11(9)(i) & (ii)] do not require the …
TRADE MARKS ACT, 1999 - ipindia.gov.in
Web(Section 11, Trade Marks Act 1999.) A trade mark must not be refused registration if it has acquired a distinctive character or is well known through extensive use. Commonly used and accepted words for chemical elements or compounds or those declared as international non-proprietary names by the World Health Organization (WHO) cannot be registered as … Web5 Dec 2024 · In layman’s terms, deceptively similarity of marks can be defined as similarity between trademarks that can lead the general public of average intelligence to believe that the mark in question is somehow related to a registered or well-known trademark. According to Section 11 (1) of the Trademark Act, 1999, “ a trademark cannot be ... pto shaft dust cover
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Web27 Aug 2024 · Sec.11 of the Act further lays down the relative grounds for refusal of trademark- 1. If the mark causes confusion ADVERTISEMENT 2. If the mark is identical to … Web4 Feb 2024 · Section 11 in the Trade Marks Act, 1999: talks about the Relative grounds for refusal of registration. (1) A trademark may not be registered if, by reason of: (a) its … Web1 Feb 2024 · The Court passed the judgment in favor of the Plaintiff and upheld that in case of a brand having trans-border reputation it is not essential for them to set up outlets in … hotel bar carleton mi