| Title |
Author |
Category |
Date Added |
dl# |
Rating |
| A TRADEMARK CONSIDERATIONS IN BUSINESS NAMING |
Arun Abraham |
Trademark |
11/3/07 |
307 |
5.8/10 |
| Abstract: | article introduces trademark law aspects to businesses |
| Keywords: | trademark,naming,india |
| Commercial Morality in Trademark |
Saif Khan |
Trademark |
2/24/08 |
329 |
9.6/10 |
| Abstract: | Trademark law traditionally saw a trademark as little more than a window to the mark owner’s underlying business. Marks were necessary so that customers who were satisfied with a producer’s product could continue to patronize that producer. But, on this view, value lay in the business, and the business of the producer was the ultimate object of protection. Moral rights are representative of social values concerning the protection of trademarks which has either been registered or un-registered. They are based on a belief that trademark is something more than an attempt to earn a livelihood. The trademark results in a special relationship between the trademark owner and the mark used by him. Unfair-competition law comprises a flexible set of doctrines intended to uphold reasonable standards of commercial morality in varied and evolving circumstances, and this body of law should also bar the exploitation of others’ trademarks as advertising keywords. |
| Keywords: | |
| New Strategies in International Trademark Protection? |
Michael A. Meer |
Trademark |
3/21/05 |
869 |
7.7/10 |
| Abstract: | The past twelve months have seen two important changes in international trademark law: First, when on May 1, 2004 ten new member states joined the European Union, the protection of all existing European Community trademarks was automatically extended to the territories of these new member states. Second, two important new members have joined the international trademark filing system (the Madrid System): the USA (in November 2003) and the European Community (in October 2004).
This newsletter wants to point out briefly the latest developments and what impacts they have on trademark owners. On the one hand, the new regime makes international and regional trademark filings simpler, cheaper and more attractive. On the other hand, exactly these advantages make it necessary for trademark owners to look after their trademark portfolio more systematically and more effectively if they want to come up against the increased risk of infringements by foreign trademarks. Moreover, trademark owners are encouraged to peruse their own trademark filing strategy according to the new regime and to revise it accordingly.
|
| Keywords: | international trademark protection |
| Protection of Well Known Trademarks in Iran |
Mojgan Jahanpour |
Trademark |
11/3/07 |
192 |
5.6/10 |
| Abstract: | As part of Iran's obligations under the Paris Convention, the Iranian courts have consistently discouraged hijacking of well-known trade marks. Even where the marks are not well known, the courts have consistently held in favor of marks that emerge from one of the Paris Convention countries and have prior international (outside Iran) use of the mark. In a recent court decision, the world renowned Armani trade mark won a landmark infringement action against an Iranian individual who sought registration of a trade mark for Arman in Persian script in international classes 30, 35 and 39 for saffron. The key points to note here are that the word Arman has a meaning in Persian ( |
| Keywords: | Iran, Trademark Protection, Well Known Trademarks |
| Role of ICANN in Domain name World: Establishing a Rule of Law |
Abhilasha Kumbhat |
Trademark |
2/25/06 |
249 |
5.8/10 |
| Abstract: | The paper takes a look at the Internet Corporation for Assigned Names and Numbers (ICANN) and seeks to identify its larger significance. I examine the question of legitimacy as it plays out in processes of institutional design of ICANN. From the above emerges the major issue about the association of ICANN with the US, which forms one of the key reasons for the rising fingers, pointing towards the structural and functional weaknesses of ICANN. The paper addresses this issue as well, and proposes to give some fundamental solutions towards initiating a change.
One of the primary goals of the case note also will be to address the views on the fairness of the Uniform Domain Name Dispute Resolution Policy (UDRP) to trademark holders and domain name owners, looking at whether or not the policies and procedures of the UDRP tip the scales in favor of either side, i.e. fair or unfair, in a domain name dispute.
|
| Keywords: | ICANN, domain name, dispute |
| Singapore Treaty: Towards a new Trademark Regime |
Pradeep Padman |
Trademark |
1/15/07 |
384 |
8.3/10 |
| Abstract: | The World Intellectual Property Organisation (WIPO) has streamlined the administrative procedures for national and regional trademark applications by adopting the Singapore Treaty on the Law of Trademarks, concluding four years of work on the revision of the 1994 Trademark Law Treaty (TLT). The adoption of the Singapore Treaty marks a major milestone for WIPO as well as the international intellectual property community. Building on the TLT 1994, the new Treaty has a wider scope of application and addresses new developments in the field of communication technology. Radio jingles, perfume scents and holograms are among the unusual items that can now be protected under the trademark. PRADEEP PADMAN examines the new Singapore Trademark Treaty which adopts new standards and procedures for trademark protection to bring it in line with the technological developments of the past decade. |
| Keywords: | Singapore Treaty |
| THE LAW ON TRADEMARKS IN INDIA |
Chandrakanti.L & Dr. Sreenivasulu.N.S |
Trademark |
11/3/07 |
271 |
8/10 |
| Abstract: | The article speaks about the trademark law in India. Since the adoption of the Paris convention on industrial property till the TRIPS agreement the Trademark law has vitenessed several changes. However the crux of the trademark law to protect the marks of reputation and fame identifying the goods and services of a particular origin and quality remains same. The paper highlights the means and mechanisams available under the law to protect the valid trademarks in India. The article also speaks about the enforcement of trademarks in case of infringement. It is an attempt to laydown the law relating to trademarks in a comphrehensive way |
| Keywords: | trade mark, protection, law, Act, goods, services |
| TRADEMARK REGISTRATION PROCEDURE IN PAKISTAN |
MUHAMMAD NOUMAN SHAMS, ADVOCATE |
Trademark |
11/3/07 |
341 |
10/10 |
| Abstract: | .. |
| Keywords: | qazi |
| Trademark Searches as Risk Management |
Christine Lebron-Dykeman |
Trademark |
3/26/05 |
500 |
10/10 |
| Abstract: | The value of your company's trademarks will dramatically appreciate through successful use. And, unlike copyrights and patents that eventually expire, trademark rights can last indefinitely if the mark continues to perform a source-indicating function. Because trademarks are an appreciating asset with a potentially perpetual life, it is important to choose them carefully. |
| Keywords: | trademark value company assets |
| Trademarks Law in India |
Sudhir Kumar Aswal |
Trademark |
11/3/07 |
255 |
5.1/10 |
| Abstract: | Indian Trademark Law has been codified in conformity with the International Trademark Law and is about to undergo an amendment to be at par International Trademark Law. Recently India has signed Madrdid Protocol that will allow Foreign Applicants to file an International Application designating India like many countries around the globe e.g China. Though unlike China and many other countries Multi class filing is allowed in India. |
| Keywords: | Trademarks, laws, India |
| Use of Trademark in Comparative Advertising: Situation in India |
Priya Bansal |
Trademark |
4/5/06 |
485 |
7/10 |
| Abstract: | Trademarks Act, 1999 has incorporated the provisions related to this concept in Ss. 29(8) and 30(1). According to the statute it is permissible, with certain limitations as to unfair trade practices. ‘Unfair trade practice’ has been defined u/s 36A of Monopolies and Restrictive Trade Practices, 1969 that stands repealed now. Another statute Consumer Protection Act, 1986 provides protection against unfair trade practice but in the cases of ‘comparative advertising’ the parties are firms (whose products are endorsed by the advertisements), which would not come in the ambit of ‘consumers’ to approach the consumer forum.
Nevertheless, judicial pronouncements are playing an important role to determine the extent of comparative advertising. How the extent is determined? And what is the current situation? To deal with these questions is the objective of this paper.
|
| Keywords: | |
| What are Trademarks and Why You Need to Take Them Seriously |
Michael N. Cohen, Esq. |
Trademark |
1/15/07 |
715 |
8.6/10 |
| Abstract: | Trademark application, trademark search, trademark litigation, cease and desist? What does it all mean? This article explains when to do a trademark search and why. |
| Keywords: | trademark, lawyer, attorney, los angeles, application, patents, trademark search |
| What is Intellectual Property: Part 3 Trademark |
Judith Silver |
Trademark |
7/26/04 |
1538 |
7.6/10 |
| Abstract: | Overview of trademark law, including pluses and minuses of obtaining a trademark.
Readers are cautioned not to rely on these articles as legal advice. They are no no substitution for a consultation with an attorney and an accountant in your state. Based on jurisdiction and time, the law varies and changes. |
| Keywords: | trademark, trademark searches, service mark |
