goodwill is an intangible asset of the trademark. the goodwill is the basis which establishes the good reputation of a commodity or a service under a particular trademark.
A copyright is a legal right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematography films and sound recordings. Business entities often copyright instruction manuals, product literature and user guides. Copyright is usually owned by the maker of the work, but may also be owned by the employer of its creator or the person who has authorized the work (unless there is an agreement to the contrary in either case).
The above presentation is a step to simplify the concept of Trademark in India.It also focuses on the process of registration under the Trademarks Act 1999.
The presentation simplifies the steps involved and makes it easier to understand the same.
Note:-The following presentation is a general writing containing contents derived from basic knowledge and relevant books and articles.Also it is the original work of the writer.
A copyright is a legal right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematography films and sound recordings. Business entities often copyright instruction manuals, product literature and user guides. Copyright is usually owned by the maker of the work, but may also be owned by the employer of its creator or the person who has authorized the work (unless there is an agreement to the contrary in either case).
The above presentation is a step to simplify the concept of Trademark in India.It also focuses on the process of registration under the Trademarks Act 1999.
The presentation simplifies the steps involved and makes it easier to understand the same.
Note:-The following presentation is a general writing containing contents derived from basic knowledge and relevant books and articles.Also it is the original work of the writer.
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights
This is an article on how Designs are being registered under the African Intellectual Property Organisation(better known by its French acronym OAPI) which clearly infringes on the famous trademarks
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights.
Aji Kadhasnah, Protection of Well Known Trademark and Cancellation of Tradema...Aji Kadhasnah Putera
Definition of trademark
Article 1 point 1 of Law No. 20 of 2016 on Trademark and Geographical Indication:
A trademark is a sign that can be graphically displayed in the form of images, logos, names, words, letters, numbers, color arrangements, in the form of 2 (two) dimensions and/or 3 (three) dimensions, sounds, holograms, or a combination of 2 (two) or more such elements to distinguish goods and/or services produced by people or legal entities in the trading activities of goods and/or services.
Legal Basis on Trademark
1. Law No. 20 of 2016 on Trademark and Geographical Indication as amended by Law No. 11 of 2020 on Job Creation Law (“Trademark Law”);
2. Ministry of Law and Human Rights Regulations No. 67 of 2016 on Trademark Registration (“MOLHR No. 67/2016”);
3. Ministry of Law and Human Rights Regulations No. 12 of 2021 on Amendment of MOLHR No. 67/2016 (“MOLHR No. 42/2016”);
4. Ministry of Law and Human Rights Regulation No. 42 of 2016 on Electronic Intellectual Property Application Service (“MOLHR No. 42/2016”);
5. Government Regulation No. 60 of 2021 on Types and Rates on Types of Non-Tax State Revenues Applicable to State Administrative Institutions (“GR 60/2021”);
6. Trade-Related Aspects of Intellectual Property Rights (“TRIPS”);
7. The Madrid Protocol
Framework proposal for famous trademark regime in vietnamLe Quang Vinh
Regardless of the same international legal framework imposed by the Paris Convention, TRIPs Agreement, the grant or denial of super-protection of famous or well-known trademarks based on the likelihood of dilution seems to become controversial and divided within the jurisprudence in the developed countries such as the US, European Union, China and Japan. The well-known research team funded by INTA and MoST attempted to suggest what approach Vietnam should follow to help both comply with its obligation and prevent the abuse of IPR by a framework proposal attached.
How to Create Map Views in the Odoo 17 ERPCeline George
The map views are useful for providing a geographical representation of data. They allow users to visualize and analyze the data in a more intuitive manner.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
This is a presentation by Dada Robert in a Your Skill Boost masterclass organised by the Excellence Foundation for South Sudan (EFSS) on Saturday, the 25th and Sunday, the 26th of May 2024.
He discussed the concept of quality improvement, emphasizing its applicability to various aspects of life, including personal, project, and program improvements. He defined quality as doing the right thing at the right time in the right way to achieve the best possible results and discussed the concept of the "gap" between what we know and what we do, and how this gap represents the areas we need to improve. He explained the scientific approach to quality improvement, which involves systematic performance analysis, testing and learning, and implementing change ideas. He also highlighted the importance of client focus and a team approach to quality improvement.
Instructions for Submissions thorugh G- Classroom.pptxJheel Barad
This presentation provides a briefing on how to upload submissions and documents in Google Classroom. It was prepared as part of an orientation for new Sainik School in-service teacher trainees. As a training officer, my goal is to ensure that you are comfortable and proficient with this essential tool for managing assignments and fostering student engagement.
Students, digital devices and success - Andreas Schleicher - 27 May 2024..pptxEduSkills OECD
Andreas Schleicher presents at the OECD webinar ‘Digital devices in schools: detrimental distraction or secret to success?’ on 27 May 2024. The presentation was based on findings from PISA 2022 results and the webinar helped launch the PISA in Focus ‘Managing screen time: How to protect and equip students against distraction’ https://www.oecd-ilibrary.org/education/managing-screen-time_7c225af4-en and the OECD Education Policy Perspective ‘Students, digital devices and success’ can be found here - https://oe.cd/il/5yV
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
Unit 8 - Information and Communication Technology (Paper I).pdfThiyagu K
This slides describes the basic concepts of ICT, basics of Email, Emerging Technology and Digital Initiatives in Education. This presentations aligns with the UGC Paper I syllabus.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
3. Significance Of The Trademarks Goodwill
When a trademark is related with the business then the reputation
associated with that trademark is known as its goodwill.
The very basic use of the trademarks goodwill is establishing the reputation
of the products and the services under the trademark in the commercial
market.
Trademarks establishes the goodwill between the source of the product or
service and the consumers.
The goodwill of a trademark helps in the commercialisation of a trademark.
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4. Chapter - 1
Trademarks: A General View
• Development Of Trademarks Law In India:-
• The trademarks Act 1999 was been followed by a number of Acts like Marchendise
Mark Act 1889, Trademarks Act 1940 and Trade And Merchandise Mark Act 1958.
• Development Of Trademarks Law- International Aspect:-
• The development of trademarks law at the international level depends upon 3 major
conventions namely-
a) Paris Convention
b) Madrid Convention
c) TRIPS
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5. • Trademarks are basically divided in 4 kinds –
a) Collective Mark
b) Certification Mark
c) Service Mark
d) Trade Design
• Essentials of trademarks law –
a) Distinctiveness
b) Indication of the source.
• Object of the trademarks –
a) To protect the public from confusion and deception regarding identification of product.
b) To ensure the rights of the trademarks owners.
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6. Chapter - 2
Trademarks And Goodwill
• A goodwill is something about the trademarks which the customers remember in
their minds and which induces them to opt for the same product again and again in
the future.
• The trademarks under the trademarks Act 1999 has been defined as – “A mark
capable of being represented graphically and which is capable of distinguishing
the goods or services of one person from those of others and may include the shape
of goods, their packaging, and combination of colours.”
• Goodwill or the reputation of a business does not wholly depend upon the
availability of the product sometimes the goodwill of the trademark reaches a place
even before the product hits its market.
• According to Lord Macnaghten in the case, Trego Vs. Hunt (1869), the goodwill is
nothing more than the probabliity that the old customers will resort to the old place.
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7. • For protecting the goodwill of the trademark a person must –
a) Ensure that he had obtained the registration of the trademarks with USPTO,
b) Ensure that third parties are not using the trademarks which are deceptively similar.
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8. Chapter 3
Role Of Goodwill In Transfer Of The Trademarks
• The transfer of the trademarks may de done by 2 processes namely –
a) Assignment
b) Licencing
• Assignment- The provision related to assignment of the trademarks are contained
in the section 37 to 45 of the Trade Marks Act 1999.
• It is the act of interested parties through which every right associated with the
property of which ownership is transferring has been transferred to the other party.
• According to the Trade Marks Act 1999, a registered as well as the unregistered
trademark can be assigned to the other person whether with or without the goodwill
related to the business concerned.
• This can be done when the the owner of the trademark restricts the assignee to use
assigned trademarks for which he uses the product for.
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10. • Procedure for assignment of trademarks –
a) For the transfer of trademarks with the goodwill, the application must contains a
statement on the behalf of the assignor that all the rights vested in the trademarks
are completely transferred to the assignee.
b) If the transfer of the trademarks is done without the goodwill, the assignment
agreement must state that the assigner has reserved the rights in respect of such
trademarks and has not absolutey transferred the trademark. This means that both
the assignor and the assignee can use the trademarks but in different goods or the
services.
c) Assignee has to apply to the registrar for his direction for the publication of the
assignment within 6 months from the date of the assignment.
d) After publication the assignee will apply for registration of the assignment.
e) An affidavit for no legal proceeding pending against the trademark assigned from
the assignee shall also be required.
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11. (f) Territorial extent of the assignment must be clearly mentioned.
(g) The mark which the proprietor wants to assign must be clearly mentioned.
(h) Date of effect of the assignment must be mentioned.
(i) Whether the assignment deed is with goodwill or not must be mentioned.
(j) The consideration assignee needs to pay on the basis of which the stamp duty has to
be calculated must be mentioned.
• Licencing – Trademark licencing means the mode of transfer of rights when the
actual proprietary rights in the trademarks vests with the trademarks owner and
only a few stipulated rights to use the trademarks is given to the third party.
• Procedure for trademark licencing u/s 49 of the Trade Marks Act 1999 –
a) The agreement must be in writing entered into between registered
proprietor/licensor and the proposed user/licensee w.r.t permitted use of the
trademark.
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12. (b) An affidavit made by the registered proprietor/licensor giving following particulars-
• Of the relationship between the registered licensor and the proposed licencee.
• Of control by the licensor over permitted use by the licensee .
• Goods or the services for which the registration is proposed.
• About the restrictions imposed w.r.t. the registration.
• Time period of the permitted use.
(c) Power of attorney signed in the favour of agents.
(d) Further documents or the evidences as required.
(e) The licensee is registered w.r.t. to the goods and the services once the Registrar is
satisfied with the with the application.
(f) Recordal will be published within 2 months from the date of application.
(g) Registrar shall issue a notice of registration to the licensee.
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14. Chapter – 4
Deceptive Similarity And The Erosion Of Goodwill
• Deceptive similarity according to the section 2(1)(h) of the Trade Mark Act 1999,
may be defined as, a mark which so nearly resembles to the other mark as to be
likely to deceive or cause confusion to the customers.
• Test for deciding deceptive similarity –
Parle Products Pvt. Ltd. Vs. J.P. & Co. Mysore (1972)
In this case it was held that, test for determining the trademark to be deceptively
similar to the registered one if a person would accept another good which is deceptively
similar to the original good, instead of the original good.
• Factors to consider for testing deceptive similarity –
a) Nature of the mark.
b) Degree of similarity between 2 competing marks.
c) Nature of the goods in respect of which they are ar likely to be used as trademarks.
d) Similarity of the nature, purpose and character of the goods of the rival traders
e) Class of the purchaser and mode of purchase of the goods.
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15. • Durga Dutt Sharma Vs. Navratna Pharmacy Laboreatories (1965)
in this case, the court held that, the onus of proving the infringement of the trademarks
is on the plaintiff. The similarity between the marks may be phonetic or visual.
• The Coca – Cola Company Vs. Bisleri International Pvt. Ltd (2009)
• It was held that the exporting of exporting goods from a country is to be considered
as sale within the country from where the goods are exported and the same amounts
to infringement of the trademark.
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16. • Conclusion and suggestion-
• The goodwill is very important part of a business.
• It is almost impossible to separate the goodwill from its trademark.
• It is a kind of intangible asset of the trademark however under the provisions of the
Trade Marks Act 1999, sometimes it is possible to treat trademarks and its goodwill
separately for the transfer of the trademarks through the process of assignment and
the licencing.
• Goodwill is the basic builder of the reputation of the products and services under
the trademarks.
• For establishing the goodwill of a product it is necessary to maintain the good
quality of the products and services provided under the said trademark.
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