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Written by : Harrison Wikstrom |
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today we'll be talking about the difference between unassisted in an under sister-in-law trade magazine says she amok with distinguishes the words of one person from those of another or trademark a legal device mock me with kind of combination shape or a combination of these under the trademark act there is a district are used to treat now the decision is not mandatory but it's advisable registration of who markets the owner of an exclusive right to use it in respect of its goods or services for which it is registered it's that it's an exclusive timing if you get an education you can stop the other body from using it by filing a suit for infringement there is a ancestor trademark does not even these legal rights and I am insisting trade rock is protected under the common law by way of passing so in unnecessary you know can't file a suit and the technics treatment under the common law possible but in the innocent of passing of the illness will be on the are consistent Oh No to prove that man has acquired events goodwill in reputation well as a registered proprietor has a great benefit that time of a single registration is any burning and you may not have to prove that so this is an advantage if you get Roma registered under the treatment of fact you
Thanks for your comment Erik Lehnert, have a nice day.
- Harrison Wikstrom, Staff Member
hi again today we discuss uh something that comes up regularly in our practice and some of uh people may not be aware of it and some people have very wrong understanding of the subject and common misconceptions that this is with regard to trademark now all of us who are in business usually operate under a trademark of our own be it xyz or in our comp with the design or otherwise now many of us many of what we have seen in our profession that many of my clients usually do not uh and specifically it's true for small and medium enterprises that they have never registered their trademark they have not registered now somebody else starts using the goodwill that has been generated by one of my clients then what is his recourse i was astounded a few days back when i talked to some of the people and they all aware of the opinion that well he has not registered so he has no recourse in law but that is not so absolutely not so the recourse was there prior to the advent of the trademarks act or in india this is a recourse which has been there for hundreds of years and that's under the common law the common law and the law of passing off passing off somebody's goods as if it's your own so if you have a trademark under which you operate and you have not registered it and suddenly you find that somebody else is using it somewhere don't be crestfallen don't think that you have no recourse you have a proper valid recourse under the indian legal system and you can immediately apply and file a suit and apply for an injunction against that person from using it and you can also claim damages is under the law of thought it's a law of passing off so please be aware of this and whenever you see there isn't any kind of somebody who is trying to use your product your trademark to pass off his products as yours immediately consult a legal professional and immediately take adequate action to safeguard your own interests and you and your the benefits and goodwill of your own trademark thank you have a nice day and hope this helps
Thanks lifecamp06y your participation is very much appreciated
- Harrison Wikstrom
About the author
I've studied information theory at University of Houston in Houston and I am an expert in policy studies. I usually feel melancholy. My previous job was speech writer I held this position for 10 years, I love talking about climbing and dominoes. Huge fan of Hugh Grant I practice croquet and collect casino chips.
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