Category: Trademark Act 1999

SECTION 28 OF THE TRADE MARKS ACT, 1999

The Trade Marks Act, 1999 provides legal protection to registered trademarks, allowing owners to exclusively use and also to sue other trade marks for infringement. This exclusive right to use the registered trademark is provided under section 28 of the Trade Marks Act.  This article discusses the provision of section 28 of the Trade Marks […]

SECTION 27 OF THE TRADE MARKS ACT, 1999

The Trade Marks Act, 1999 provides legal protection to registered trademarks, allowing owners to exclusively use and also to sue other trade marks for infringement. Section 27 of the Trade Marks Act also provides statutory protection to unregistered trademarks by upholding common law rights through the passing-off principle. In accordance with section 27 of the […]

SECTION 21 OF THE TRADE MARKS ACT, 1999

A trademark is a unique symbol, logo, word, design or combination of these which is capable of being distinguished from the goods and services of one person or entity from that of another person or entity. By virtue of registration of a trade mark the owner of the trade mark enjoys exclusive right to use […]

Section 12 of the Trademark Act, 1999: Registration in the Case of Honest Concurrent Use & Special Circumstances

The purpose section 12 of the Trade Marks Act, 1999 is to grant exclusive rights to a proprietors over their originally adopted and conceived mark while preventing any unauthorised use of such protected mark by anyone other than the original adopter and lawful proprietor. However, there are certain special circumstances in which the Trade Mark […]

SECTION 11 OF THE TRADE MARKS ACT, 1999: RELATIVE GROUNDS OF REFUSAL OF REGISTRATION

The primary and fundamental purpose of trademarks is to act as brand identifiers creating a distinction between the goods & services provided by one person from that of the other’s in the market. This consequently necessitates that the trade mark so adopted be distinctive and capable of aiding differentiation amongst similar set of goods & services rendered […]

SECTION 9 OF THE TRADE MARKS ACT 1999: ABSOLUTE GROUNDS OF REFUSAL OF REGISTRATION

Introduction  Trademarks include any sign, symbol, slogan, mascot, or phrase used in business that helps distinguish the goods and services of one person from another. Essentially, the purpose of a trademark is to act as a source identifier, associating the goods and services bearing a particular mark with their originating source. For example, the use […]