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Category: Trademark

Home / Trademark (Page 5)
Trademark

Persons acting in good faith and public servants

by AdminLeave a Comment on Persons acting in good faith and public servants

The persons acting in this act is for protecting officers and staff of the trademark registry from being dragged into legal proceedings in respect of acts done by then in the normal course of their duties. Certain persons to be public servants Under section 123 every person appointed under this act and every member of …

Trademark

Threat of legal proceedings and trade libel

by AdminLeave a Comment on Threat of legal proceedings and trade libel

The trademark must be an important part of any business which helps a company to involve any business. The threat of legal proceedings and trade libel is described below: Threat of legal proceedings The last preceding does not assign sub-section, if the proprietor of trademark registration. Passing off section 142 of the act applies only …

Trademark

Evidence in Trademark Proceedings

by AdminLeave a Comment on Evidence in Trademark Proceedings

In all proceedings before the registrar evidence is given in the form of affidavit. The registrar has, however, discretion to take oral evidence in lieu of or in addition to evidence by affidavit. Certain formalities have to be complied with in preparing and executing an affidavit. The trademark may be exercised to make certain formalities …

Trademark

Defences in passing off actions under their trademark

by AdminLeave a Comment on Defences in passing off actions under their trademark

In an action for passing off the defendant may set up the following defences: The name, mark or other symbol, the use of which is sought to be restrained, is not distinctive of the plaintiff’s goods or business. The defendant’s use of the mark, name or other symbol is not transfer off his business or …

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