short cs notes WHAT IS A TRADE MARK



Posted on 05-05-2016        By ADMIN



short cs notes WHAT IS A TRADE MARK

 - Trade mark means a mark capable ofbeing represented graphically and which is capable of distinguishing the goodsor services of one person from those of others and may include shape of goods,their packaging and combination of colours and 

(i) in relation to chapter XII(other than section 107), a registered trade mark or a mark used in relation togoods or services for the purpose of indicating or so as to indicate aconnection in the course of trade between the goods  or services, as thecase may be, and some person having the right as proprietor to use the trademark. (ii) in relation to other provisions of the Act, a mark used or proposedto be used in relation to goods or services for the purpose of indicating or soas to indicate a connection in the course of trade between the goods  orservices, as the case may be, and some person having the right, either asproprietor or by way of permitted user, to use the mark, whether with orwithout any indication of the identity of that person (i.e. proprietor orregistered user). - - It also includes ‘certification trade mark’ or‘collective mark. [section 2(1)(zb)].

                        Markcan be in respect of goods or services. It should be capable of distinguishingthe goods or services of one person from those of others. The mark shouldindicate a connection in the course of trade between the goods  orservices and some person having the right  to use the mark. 



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