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Trade Marks

Trade Marks

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Description
A trademark popularly known as brand name, is a visual symbol in the form of a word or a device or a label applied to the commercial goods or service to enable the consumer public to identify one trader's goods from similar goods of other traders.

Whether registration of TradeMark is compulsory under the Act ?

No. Registration of a trademark is not compulsory. But for better protection it is advisable to register a trademark

How to acquire a right of property in a trademark ?
A person may acquire a right of property in a trademark in the following modes :

a) By use of the mark in relation to particular goods; or
b) By registration under the Act; or
c) By assignment or transmission of the right from another person

Whether the proprietor of an unregistered trade mark can initiate legal action?
Yes. The proprietor of an unregistered mark may bring legal action against the subsequent user by filing a civil suit for 'passing off action on the basis ' prior user' Furthur he can lodge criminal complaint also under the provisions of the Trademarks Act.
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