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TRADEMARK ACT OF , AS AMENDED TITLE I – THE PRINCIPAL REGISTER § 1 (15 U.S.C. § ). Application for registration; verification § 2 (15 U.S.C. § ). Trademarks registrable on the principal register; concurrent registration § 3 (15 U.S.C. § ). Service marks registrable § . An Act to make new provision for registered trade marks, implementing Council Directive No. 89//EEC of 21st December to approximate the laws of the Member States relating to trade marks; . 14/5/ · 4 (1) A trademark is deemed to be used in association with goods if, at the time of the transfer of the property in or possession of the goods, in the normal course of trade, it is marked on the goods themselves or on the packages in which they are distributed or it is in any other manner so associated with the goods that notice of the association is then given to the person to whom the . (2) References in this Act to a trade mark include any trade mark which relates to a service that is ancillary to goods or services dealt with or provided in the course of trade by a person, whether or not the service is provided for money or money’s worth.
PDF format RTF format. R32, G. It is hereby notified that the State President has assented to the following Act which is hereby published for general information. To provide for the registration of trade marks, certification trade marks and collective trade marks; and to provide for incidental matters. BE IT ENACTED by the State President and the Parliament of the Republic of South Africa, as follows.
There shall be a seal of the trade marks office, and the impression of the seal shall be judicially noticed. The following marks shall not be registered as trade marks or, if registered, shall, subject to the provisions of sections 3 and 70, be liable to be removed from the register—. Provided that a mark shall not be refused registration by virtue of the provisions of paragraph 2 or, if registered, shall not be liable to be removed from the register by virtue of the said provisions if at the date of the application for registration or at the date of an application for removal from the register, as the case may be, it has in fact become capable of distinguishing within the meaning of section 9 as a result of use made of the mark.
Where application is made for registration of a trade mark which consists of or includes the name or representation of a person, the registrar may require the applicant to furnish him with the consent of that person or, where such person is deceased, of his legal representative, to the name or representation appearing in the trade mark. If a trade mark contains matter which is not capable of distinguishing within the meaning of section 9, the registrar or the court, in deciding whether the trade mark shall be entered in or shall remain on the register, may require, as a condition of its being entered in or remaining on the register—.
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The counter statement need only state that the responsible authority intends to respond to the objection. George Cheese;. Trademarks registered before Unfair Competition Act. Trademarks registered under Unfair Competition Act. Despite section 47 , that period cannot be extended. However, any fees paid in respect of the application shall not be refunded to the applicant.
If the Registrar is not so satisfied, the Registrar shall cause the application to be advertised in the prescribed manner. If the Registrar withdraws the advertisement, the application is deemed never to have been advertised. The counter statement need only state that the applicant intends to respond to the opposition. He or she shall notify the parties of the decision and the reasons for it.
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Trademark is defined under The Trademarks Act, and means a mark which is 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 colors, etc. India has an obligation under the TRIPS agreement to protect the trademarks, which includes the protection for distinguishing mark, service mark, the indefinite periodical renewal of the registration, and the abolition of compulsory licensing of the trademarks amongst other things.
The Indian Trade and Merchandise Marks Act was enacted in followed by an amendment and the Trademark Act, was then brought into force. Before any statutory enactment, the trademark was governed through the principles of equity and common law. The Trademark Act also conforms to the TRIPS agreement. India has always taken a proactive role in the protection of Trademarks within India and in the landmark case of Tata Sons Ltd v.
The court referred to the case of Rediff Communication Limited v. Cyberbooth and Yahoo Inc. Akash Arora and Anr. The Act is divided into XIII chapters with sections and includes a schedule. The Indian Trademark law classifies the goods and services for registration and follows the International Classification of Goods and Services published by WIPO.
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Trade Marks Act, Intellectual Property Appellate Board Procedure Rules, 1. Short title and commencement 2. Definitions 3. Form of procedure of application or appeal 4. Payment of fee 5. Language of the Appellate Board 6. Application or appeal to be in writing 7. Presentation and scrutiny of application or appeal 8. Documents to accompany application or appeal 9.
Notices of application or appeal to the respondent Filing of counter statement to the application or appeal and other documents by the respondent Filing of reply by the applicant or appellant Exhibits
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Download original PDF. Trade Marks Act Trade Marks Act ,. PART I. A notice of trust, express, implied or constructive, shall not be entered in the Register or be received by the Registrar. The Register shall be available for inspection by any person, on payment of the prescribed fee during such hours as the office of the Registrar is open for public business.
Where each of several persons claims to be the proprietor of a trade mark, the Registrar may refuse to accept an application for registration by any of them until their respective rights have been determined by the Court. Associated trade marks are assignable or transmissible only as a whole and not separately, but, subject to this Act, they shall for all other purposes be deemed to have been registered as separate trade marks.
An applicant for the registration of a trade mark may, at any time before the trade mark is registered, withdraw his application. If a person giving notice of opposition does not reside in or carry on business in the country the Court may order him to give security for costs within a specified time, and if the order is not complied with the opposition shall lapse.
Opposition to the registration of a trade mark may be withdrawn by the opponent at any time before the opposition is determined by the Registrar or by the Court. Subject to this Act, on the registration of a trade mark the date of lodgement of the application for its registration with the Registrar shall be deemed to be the date of registration and the trade mark shall be deemed, for the purposes of this Act, to have been a registered trade mark from that date.
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LAWS OF FIJI. CHAPTER Short title. PART II-GENERAL. Register of Trade-Marks. Register of Trade-Marks 4. No trust to be entered. Incorporation of existing register. Inspection of register and granting of certified copies. Registrable Trade-Marks.
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TRADE MARKS ACT TABLE OF PROVISIONSLong TitlePART PRELIMINARY1. Short title 2. Commencement 3. Act binds the Crown 4. Application of Act 4A. Application of the Criminal Code 5. Repeal of Trade Marks Act PART INTERPRETATION6. Definitions 6A. Trademark Act of , as Amended PUBLIC LAW , CHAPTER , APPROVED JULY 5, ; 60 STAT. The headings used for sections and subsections or paragraphs in the following reprint of the Act are not part of the Act but have been added for convenience in using this reprint. Prior trademark.
PDF format RTF format. GoN R, G. The Minister of Trade and Industry has, in terms of section 69 of the Trade Marks Act, Act of , made the regulations and prescribed the tariff set forth hereunder—. Schedule 1: Fees Schedule 2: Trade mark forms Schedule 3: List of classes of goods and services. In these Regulations, unless the context otherwise indicates, any expression to which a meaning has been assigned in the Trade Marks Act, Act of , bears a meaning so assigned, and—.
Subject to any directions that may be given by the Registrar, all documents required by the Act or by these Regulations to be filed with the Registrar shall be typewritten, lithographed or printed in one of the official languages of the Republic in legible roman characters with black ink upon strong paper, on one side of the paper only, of A4 standard size and shall have on the left hand side a margin of at least 35 mm.
Provided that the requirements of this regulation are met if documents have been lodged in accordance with the operational requirements and proof of payment of the prescribed fee if any , has been provided. Any such document so sent shall not be deemed to have been duly sent until it is received by the Registrar. Any document so sent shall be deemed to have been delivered in the ordinary course of post, and in proving such service or sending it shall be sufficient to prove that such document was properly addressed and put into the post and registered.
Such transmitted copy or original electronic document, as the case may be, shall be received and accepted by the Registrar and any such other person and shall be deemed to be in compliance with these Regulations: Provided that the original version of such affidavit is filled with the Registrar before noon on the court day but one day preceding the day upon which the matter is to be heard, or within 15 court days of the date of signature of the document, whichever is earlier.
In any particular case the Registrar may, if he thinks fit, require the personal signature of an applicant, objector or other person. If the applicant claims convention priority under section 63 of the Act, by reason of an application made or deemed to have been made to register the trade mark in a convention country as defined in section 2 of the Act, the applicant shall, within three months of the date of the application in the Republic, lodge with the Registrar a copy of the application in the convention country duly certified, to the satisfaction of the Registrar, by the Trade Marks Office of such country.
If such application is in a language other than one of the official languages of the Republic, it shall be accompanied by a translation into one of the official languages of the Republic, verified to the satisfaction of the Registrar. Letters, figures and lines shall be clear and distinct.