Protection of Trademarks in India - An Analysis into the Case of 'Non-Use of Trademarks'
The practice of the trademark by unlawful means or illegal means by producing it in trading is known as trademark piracy. If there is a breach of trademark, the proprietor of the registered trademark can take legal action and for an unregistered trademark, the only option is passing off. The mark can lose its uniqueness by non use, where non use is on the part of registered trade mark holder but not on relation of exterior factors beyond the control of such registered trade mark holder. Thus it cannot be doubted that granting of relief under Section 46 is a discretionary relief and the Legislature in its wisdom has provided period which must lapse before an application may be made, however, the provision of the Act is silent with respect to the starting time of limitation.The Indian trademark law is far more laidback in comparison and certainly takes a broader view of “use” of the mark. For starters, rectification/cancellation procedures can only take effect when there is an objection to the non-use of the mark by a third party. Standing as it is, registration does not get cancelled, even though the mark may not have been in use for a considerable period of time, since registered trademark owners in India are not required to periodically prove ongoing use of their marks in order to maintain registration.India has confirmed certain countries as convention countries, which afford to citizens of India similar privileges as granted to its own citizens. A person or company from a convention country, May within six months of making an application in the home country, applies for registration of the trademark in India. If such a trademark is accepted for registration, such foreign national will be deemed to have registered his or her trademark in India, from the same date on which he or she made application in the home country
Year of publication: |
2022
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Authors: | Mitra, Debashree |
Publisher: |
[S.l.] : SSRN |
Subject: | Indien | India | Markenrecht | Trademark law | Handelsmarke | Store brand | Markenartikel | Brand |
Saved in:
freely available
Extent: | 1 Online-Ressource (27 p) |
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Type of publication: | Book / Working Paper |
Language: | English |
Notes: | Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments September 24, 2022 erstellt |
Other identifiers: | 10.2139/ssrn.4228415 [DOI] |
Source: | ECONIS - Online Catalogue of the ZBW |
Persistent link: https://www.econbiz.de/10014243892
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