Introduction Of Tradetark

A Trade Mark is a visual symbol in the form of a word, a device, or a label applied to articles of commerce with a view indicate to the purchasing public that they are the goods manufactured of other wised dealt in by the particular person as specific from similar goods manufactured or dealt in by other person. By virtue of this application the person who sells his goods under a particular trademark acquires a sort of limited exclusive right to the use of the mark in relation to those goods. Such a right acquired by use is recognized as a form of property in the trade mark, and protected under common law. A person can also acquire a similar right over a trade mark , not so for used but only proposed to be used, by registering it under the Trade Mark Act 1999 .

  • History Of Trademark Law In India

    Prior to 1940 there was no statutory law relating to Trade Mark in India, and the law which was applicable to the subject was based on common law which was substantially the same as that applied in England before the passing of the first Trade Mark Registration Act 1875. The Trade Mark Act 1940, promulgated in 1940, Introduced for the first time machinery for the registration and statutory protection of trade mark in India. This Act was in force until 1958 when it was replaced by the Trade and Merchandise Mark Act 1958. This Act has also been repealed and the persent law is governed by the Trade Marks Act 1999.

  • Object Of Trademark

    The object of trade mark law is to deal with the precise nature of the right which a person can acquire in respect to trade mark. the mode of acquisition of such rights, the method of transfer of those rights to others, the precise nature of infrigement of such rights, the procedure for enforcement of those rights and the remedies available in respect thereof. This branch of commercial law has undergone changes and time to time in tune with the changing pattern of business methods and practices.