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Genericization of trade marks: an Indian perspective on challenges posed and potential solutions
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Debby Jain, Genericization of trade marks: an Indian perspective on challenges posed and potential solutions, Journal of Intellectual Property Law & Practice , Volume 16, Issue 8, August 2021, Pages 785–800, https://doi.org/10.1093/jiplp/jpab091
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Trade marks are a form of intellectual property (IP) that serve to establish a link between a product (or service) in the market and its source. Used in the course of trade, such marks enable consumers, on one hand, to identify goods or services coming from a particular source. 1 On the other, they offer market incentives to registered proprietors by protecting the brand names associated with their products.
Companies operating in diverse sectors—be it pharmaceutical, commodities, entertainment, or luxuries—all invest in developing brand names and protect them via trade marks as they help distinguish goods of one manufacturer from another. These marks further operate as a medium of product advertisement, by assuring buyers of a consistency in the quality of products originating from a particular producer. 2
Unsurprisingly, one of the key objectives of trade mark law is to ensure that consumers are not misled about a product’s source of origin. In India, this is achieved by necessitating that marks either be distinctive by themselves or acquire distinctiveness (secondary meaning) over time via use, goodwill or reputation in order to be protected.
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TRADEMARK LAW IN INDIA -A Critical and Comparative Study
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Enforcement of trademark law has been in evolution for decades in Pakistan. Pakistani laws dealing with trademark and its enforcement procedures are Trade Marks Ordinance 2001, Trade Marks Rules 2004, Intellectual Property Organization of Pakistan Act 2012 and relevant provisions of Pakistan Penal Code 1860 and Specific Relief Act 1877. Civil procedure is dealt in Pakistan as per Code of Civil Procedure 1908 and criminal procedure as per Code of Criminal Procedure 1898. This article is qualitative method of research analyses trademark and its enforcement procedures of Pakistan as per relevant trademark laws of Pakistan under the light of relevant provisions of Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and Paris Convention. Paris Convention is the first International Convention containing trademark and its enforcement provisions (6-9) as TRIPS is the first International Agreement containing exhaustive provisions on trademark and its enforcement procedures (15-21, 41-61). Part III of TRIPS deals with enforcement of trademark including civil procedure, administrative procedure, provisional measures, border measures and criminal procedure of trademark enforcement. Trademark Registry established under section 9 of Trade Marks Ordinance 2001 and works under Intellectual Property Organization of Pakistan (IPO-Pakistan) which is a statutory body established under section 3 of Intellectual Property Organization of Pakistan Act 2012. The registered trademark owner in Pakistan can avail civil procedure, criminal procedure, administrative procedure as well as provisional and border measures for enforcement of his registered trademark right in Pakistan. TRIPS and Paris Convention have been ratified by Pakistan, but ratification of International Convention and its implementation are two different things. Better enforcement of trademark law may take years to achieve as per relevant provisions of International Conventions therefore designated authorities of Pakistan are required to establish more Trademark Registry branches, more IP Tribunals, appoint and induct more IP experts, examiners in-charge of registration and spread IP awareness throughout Pakistan for betterment of trademark law enforcement in Pakistan.
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This paper discusses the principles of passing off and infringement action under the Trademarks Act, 1999. It provides for what acts constitute passing off and infringement of trademarks, what are the remedies available, who can sue and be sued and the defenses available in case of trademark violation. The paper also discusses the factors to be considered in case of passing off and infringement action along with different judicial pronouncements given by Indian Courts.
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Trademark is a mark, name, sign, smell or a sound, which distinguishes goods and services of one undertaking from goods and services of other undertakings. Malaysia had Trade Marks Ordinance 1950 which is repealed by Trade Marks Act 1976 and there-under Trade Marks Regulations are made in 1997. Trademark dispute arises between parties at the time of registration of trademark and at later stages when infringement of the registered trademark is occurred. The aggrieved party may settle trademark dispute in Malaysia through (i) civil procedure, (ii) administrative procedure, and (iii) criminal procedure to protect his right of trademark in Malaysia. The substantive law dealing with civil procedure of trademark dispute settlement in Malaysia includes Trade Marks Act 1976 and relevant provisions of Specific Relief Act 1950 and procedural laws include Rules of Court 2012 (Order 87) and Rules of High Court 1980 (Order 100 ). The substantive criminal law for settlement of trademark dispute through criminal procedure in Malaysia is Trade Descriptions Act 2011 and the procedural law is Code of Criminal Procedure 1935. Trade Descriptions Act 2011 states that a false trade description includes trademark infringement and false trade indication is also an infringement which is misleading statement in an advertisement for the purpose of trade. The administrative procedure runs under Trade Marks Regulations 1997, Intellectual Property Corporation of Malaysia Act 2002 and relevant provisions of Trade Marks Act 1976 and Customs Act 1967. Paris Convention contains provisions related to border measures and Agreement Trade Related Aspects of Intellectual Property Rights (TRIPS) includes comprehensive chapter on enforcement of Intellectual Property (IP) rights in member states. This article reviews/analyses current trademark dispute settlement structure in Malaysia under relevant provisions of the TRIPS and Paris Convention.
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Civil procedure of trademark enforcement runs in Pakistan under Trade Marks Ordinance 2001, Code of Civil Procedure 1908 and Specific Relief Act 1877. Trademark is one of the components of Intellectual Property Law, it is a mark, name, sign, smell or a sound which distinguishes goods and services of one undertaking from goods and services of other undertakings. It is required to be distinctiveness and non-descriptive, it losses its distinctiveness when owner of registered trademark does not take prompt action against its infringement. The registered trademark owner may file civil suit against infringement of his registered trademark before the concerned District Court of Law for claiming damages and obtaining injunctions. The Trademark Registry works under Intellectual Property Organization of Pakistan (IPO-Pakistan) for registration and protection of trademarks in Pakistan. Similarly, Intellectual Property Corporation of Malaysia (MyIPO) is empowered agency of trademark registration and its protection in Malaysia. The United States Patent and Trademark Office (USPTO) is responsible for registration and protection of trademarks in United States of America (USA). Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) is the only International Treaty which contains exhaustive provisions on trademark enforcement includes civil procedure, administrative procedure, criminal procedure, provisional and border measures. Important civil procedure of trademark enforcement issues need to be clarified in trademark law of Pakistan includes trademark infringement, trademark dilution and rectification of trademark register. This article is comparative analysis of civil procedure of trademark enforcement in Pakistan, Malaysia and USA.
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Protectability of trade and service marks under the law in Tanzania
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From the variety of topics received, two distinct but clearly related research lines emerged, leading to these two special issues: this one, focused on brand's legal and practical issues; that is, the trademark; and the other, on cross-cultural factors in international branding. Although trademarks and brands are usually studied jointly and ...
Nonetheless, as individual trade marks are becoming one of the main instrument companies rely on to convey information to their customer base, the second objective of this research is to ascertain whether sustainable trade marks are coupled with sustainable business practices, to ground the thesis promoting the inclusion of individual trade ...
trademark to be registered as such - 'it has to be capable of distinguishing the goods or services of one undertaking from those of other undertakings…' 4 Schechter FI 'The Rational Basis of Trademark Protection' (1926-1927) 40 Harvard Law Review 813 830.
Mindful of the current trend within the United States to revive the focus on the use of trademark to determine a mark's ability to act as a source indicator, in this paper I highlight how focusing on use can create disparate results by examining the role of use when dealing with well-known marks. Hence, this paper implicates the prescriptions ...
The paper explores how different jurisdictions, like the United States, European Union, and China, tackle the increasing problem of cross-border trademark infringement.
Abstract. A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity.
Mollanger's thesis is that the development of trademark legislation in France in the late 1850s and the signature of bilateral agreements with the United Kingdom and other coun- tries during the ...
Based on a sample of 11,385 patents and 1,783 trademarks registered at the U.S.P.T.O. in the energy conservation sector by 696 different companies, this study provides empirical evidence that ...
My PhD thesis focus on trademarks. Trademarks are one type of intellectual property right which is very common and popular among rms across the entire economy, but have received so far little attention by academic researchers. Their primarily function is to distinguish the goods or services provided by the trade-
Research Explorer | The University of Manchester
TRADEMARKS IN BUSINESS TRANSACTIONS PROJECT Written by Virti Shah 5th year BBA LLB Student, Gandhinagar Unitedworld School of Law, Gujarat, India INTRODUCTION Trademarks and copyrights are crucial for safeguarding the intellectual property of both people and companies. In this study, we will examine the function of trademarks and copyrights in
before modern branding as a way of connecting goods to their producers; signalling origins, quality, or related properties; and differentiating similar products on the market. thus, trade-marks were usually registered and authorised, first locally and then nationally or interna-tionally, in case of legal actions and the need to defend rights.
Trade marks are a form of intellectual property (IP) that serve to establish a link between a product (or service) in the market and its source. Used in the course of trade, such marks enable consumers, on one hand, to identify goods or services coming from a particular source. 1 On the other, they offer market incentives to registered ...
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles. Consult the top 50 dissertations / theses for your research on the topic 'Intellectual Property - Trademark.'. Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic ...
Intellectual Property Law Dissertation Topic Examples. 2301 words (9 pages) Law Dissertation Topic. 3rd Oct 2019 Law Dissertation Topic Reference this In-house law team ... The Economic Rationale of Trade Marks: An Economist's Critique, Cambridge: Cambridge University Press. Chabchoub N & Niosi, J 2005. 'Explaining the Propensity to Patent ...
The expansion of Article 5.1(a) TMD has significantly enhanced the power reputable trademark owners have to control third uses of their marks.
Goa University
Sohaib Mukhtar. Trademark is a mark, name, sign, smell or a sound, which distinguishes goods and services of one undertaking from goods and services of other undertakings. Malaysia had Trade Marks Ordinance 1950 which is repealed by Trade Marks Act 1976 and there-under Trade Marks Regulations are made in 1997.
According to Nordberg3 it is important to understand the difference between trademark and brand but also the symbiotic relationship that exists between them. "Trademark" is the legal term and represents a distinctive mark or symbol to which an owner can obtain an 1 Trade Marks Act, 1999,s. 2(zb) "trade mark means a mark capable of being ...
this dissertation without the help of many others. I would like to acknowledge all of the people who have supported me during this challenging period. These people have contributed immensely to the completion of this dissertation. Firstly, I would like to thank God for blessing me with the capabilities required for
This work is an attempt to examine the law governing registration and protection of trade and service marks in Tanzania whether it sufficiently confers protection to registered trademarks. Protection of trade and service marks serves two purposes, on one side the protects the interests of proprietors of trade and service marks from actual infringers and potential infringers and on the other ...
The analysis of evidence s which provide the leg al protectio n to well-known trademarks and trade marks with a r eputation in India and man y others countries shows that the legal legislation of ...
Shodhganga: a reservoir of Indian theses @ INFLIBNET The Shodhganga@INFLIBNET Centre provides a platform for research students to deposit their Ph.D. theses and make it available to the entire scholarly community in open access.