Table of Contents
What is Section 9 of Trademark Act?
Provided that a trade mark shall not be refused registration if before the date of application for registration it has acquired a distinctive character as a result of the use made of it or is a well-known trade mark.
What does the Federal trademark Dilution Act of 1995 require?
Federal Trademark Dilution Act of 1995 – Amends the Trademark Act of 1946 to entitle the owner of a famous mark to an injunction against, and relief for, another person’s commercial use of a mark or trade name if such use begins after the mark has become famous and causes dilution of its distinctive quality.
What is protectable subject matter in trademarks?
Protectable Subject Matter Any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings, shall be capable of constituting a trademark.
What is the difference between Section 9 and Section 11 of the trademark Act 1999?
Section 9(2) (a) talks about the confusion flowing from the mark itself whereas the confusion under section 11(1) is in connection to any other mark. This type of confusion can lead a person to believe the association between the prior registered/pending marks with the mark applied afterwards.
What is S 9 1 a Trade Marks Act, 1999?
As can be seen, Section 9(1)(a) prohibits registration of marks, which are devoid of any distinctive character. A word or words to be really distinctive of a person’s goods must be generally incapable of application to the goods of anyone else. Distinctiveness can be of two types: Inherent and Acquired.
What is the difference between infringement and dilution?
Dilution is therefore different from trademark infringement, because trademark infringement always involves a probability of customer confusion, whereas dilution can occur even if customers wouldn’t be misled.
What does the Federal Trademark Dilution Act of 1995 require quizlet?
The Federal Trademark Dilution Act allows trademark owners to bring suits in federal court for trademark dilution.
What must a plaintiff prove in a successful trademark infringement case?
What must a plaintiff prove in a successful trademark infringement case? Defendant infringed plaintiff’s mark. Defendant used the mark in an unauthorized manner. The use of the mark is likely to cause confusion or deception of the public as to the origin of the services or goods.
Is 31 flavors trademarked?
On Thursday, July 23, 1981, BASKIN-ROBBINS INCORPORATED filed a U.S. Federal trademark application for 31 FLAVORS trademark. BASKIN-ROBBINS INCORPORATED is located in GLENDALE , CA . This mark may be available for re-registration. You can apply for it through TrademarkElite at a low cost of $299 legal fee!
What is section 11 in Trademark Act?
(11) Where a trade mark has been registered in good faith disclosing the material informations to the Registrar or where right to a trade mark has been acquired through use in good faith before the commencement of this Act, then, nothing in this Act shall prejudice the validity of the registration of that trade mark or …
What words Cannot be trademarked?
What Can’t Be Trademarked?
- Proper names or likenesses without consent from the person.
- Generic terms, phrases, or the like.
- Government symbols or insignia.
- Vulgar or disparaging words or phrases.
- The likeness of a U.S. President, former or current.
- Immoral, deceptive, or scandalous words or symbols.
- Sounds or short motifs.
What is the difference between Section 9 and Section 11 of the Trademark Act, 1999?
What is the role of section 135 of the Trademark Act, 1999?
(1) The relief which a court may grant in any suit for infringement or for passing off referred to in section 134 includes injunction (subject to such terms, if any, as the court thinks fit) and at the option of the plaintiff, either damages or an account of profits, together with or without any order for the delivery- …
What must a plaintiff prove to prevail in a cause of action for trademark dilution?
To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority (its rights in the mark(s) are “senior” to the defendant’s), and that the defendant’s mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or …
Which of the following is not a trade secret?
A list of customers that was published in an ad in a trade journal is not a trade secret is not a trade secret because it has already been revealed to the public.
What federal law protects the trademarks of a firm quizlet?
Statutory protection of trademarks and related property is provided at the federal level by the Lanham Act of 1946.
What are the parts of the Trade Marks Act 1995?
Part 1—Preliminary 1 Short title. This Act may be cited as the Trade Marks Act 1995. 2 Commencement. (1) Part 1 commences on the day on which this Act receives the Royal Assent. 3 Act binds the Crown. 4 Application of Act. 5 Repeal of Trade Marks Act 1994.
What is part 12 and part 13 of the Trademark Act?
Part 12 sets out what constitutes an infringement of a trade mark and how to obtain redress and relief in cases of infringement. Part 13 provides for a special regime to deal with any importation of goods that would infringe a registered trade mark.
When does the trade mark Act apply to a sign?
Trade Marks Act 1995 (1) This section applies if a registered trade mark consists of, or contains, a sign that, after the date of… (2) If the trade mark consists of the sign, the registered owner: (a) does not have any exclusive rights to use, or… (3) If the trade mark contains the sign, the
What is trade mark?
a registered trade mark that is applied to any goods, or in relation to any goods or services, in respect of which the trade mark is registered; (f) the authorised user may give permission to any person to apply the trade mark to goods, or in relation to goods or services, in respect of which the trade mark is registered.