What information is required for conducting search?

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law

To conduct a search the description, drawings or photographs of the invention, showing how it is made, operated and used would be helpful. Further details of any known prior art; a summary of the prior art’s shortcomings; an explanation of how these are overcome by the invention; a list of any other advantages of the… Read more »

What is the criteria for grant of a trademark?

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trademark

The criteria for the grant of a trademark are – The selected mark should be capable of being represented graphically (that is in the paper form). It should be capable of distinguishing the goods or services of one undertaking from those of others. It should be used or proposed to be used in relation to… Read more »

What are the Innovations introduced by the Madrid Protocol?

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trademark

Innovations introduced by the Madrid Protocol are – An international application need not necessarily be based on a registration made by the Office of Origin but can also be based on an application filed with the Office of Origin. This makes it convenient for countries with full examination system where the national registration takes time…. Read more »

What is the Madrid Protocol in trademark laws?

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trademark

The Protocol relating to the Madrid Agreement concerning the International Registration of Marks was adopted at Madrid on June 27, 1989. The Protocol, which entered into force on December 1, 1995, retains the basic features of the Madrid Agreement. As on July 15, 1999, 39 countries have acceded to the Protocol. The Protocol was formed… Read more »

What is the Madrid Agreement?

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trademark

The Madrid Agreement was adopted on April 14, 1891 to facilitate protection of a trademark or service mark in several countries by means of a single international registration. As on July 15, 1999, 54 countries are party to this Agreement mainly belonging to Europe, countries of Africa and four countries in the Far East namely,… Read more »

What is the term of a registered trademark?

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trademark

The initial registration of a trademark shall be for a period of ten years but may be renewed from time to time for an unlimited period by payment of the renewal fees. A trademark is a sign or mark that is used to distinguish the goods or services of one enterprise from those of another… Read more »

How are the terms “Certification Trademarks” and “Collective Marks” defined in the Trademark Act?

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trademark

Certification trade mark means a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods… Read more »

What is the meaning of “Service” in the Trademark Act 1999?

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trademark

Service means service of any description which is made available potential users and includes the provision of services in connection with business of any industrial or commercial matters such as banking, communication, education, financing, insurance, chit funds, real estate, transport, storage, material treatment, processing, supply of electrical or other energy, boarding, lodging, entertainment, amusement, construction,… Read more »

What are “Well-known Trademarks” and “Associated Trademarks”?

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trademark

Well-known trademark in relation to any goods or services, means a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in… Read more »