“Trademark means 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.” Which in layperson language suggests that any sign-on product or services that create it totally different from the opposite or simple to differentiate one from the opposite may be a Trademark.View More Assignment and Transmission of Trademarks in India
his suit was filed by Patel Field Marshal Agencies against the company, P.M. Diesels Ltd. before the Supreme Court. The respondent company owned 3 registered trademarks, the common highlight of which was the phrase “Field Marshals”. The company filed a petition in the Delhi High Court against the appellant company with the claim that they had infringed the trademark and that they had rendered accounts of profits for the mark “Marshal”. In the same suit, they had claimed a permanent injunction to prevent the use of the marks “Patel Field Marshal Agencies” and “Patel Field Marshal Industries” by the appellant company.View More PATEL FIELD-MARSHAL AGENCIES v/s P.M.DIESELS LTD.
The Madrid System popularly and officially known as Madrid System for the international registration of marks is a system which is centrally administered by the World Intellectual Property Organization (WIPO).View More Madrid Agreement for International Registration of Trademarks
To avoid this kind of practice, Law of Passing-Off was passed which is covered under Intellectual Property Rights in India. The law of passing off is provided under Section 134 1 (c) of Trademark Act 1999. (2) And Section 27 of the Trademark Act 1999 provides a common law remedy. It is a common-law tort which is used for unregistered trademark rights ( a trademark which has not been registered under trademark or patent office is known as an unregistered trademark).View More What is the difference between Passing off and Infringement of Trademark?