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Author Topic: What are the limits of trademark rights in India  (Read 3595 times)

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Offline advarjun

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What are the limits of trademark rights in India
« on: November 01, 2013, 10:15:42 PM »
There are many limits, of trademark rights in India which includes:

Fair Use
There are two situations where the doctrine of fair use prevents infringement:
The term is a way to describe another good or service, using its descriptive term and not its secondary meaning. The idea behind this fair use is that a trademark holder does not have the exclusive right to use a word that is merely descriptive, since this decreases the words available to describe. If the term is not used to label any particular goods or services at all, but is perhaps used in a literary fashion as part of a narrative, then this is a non-commercial use even if the narrative is commercially sold.

Nominative fair use
This is when a potential infringer (or defendant) uses the registered trademark to identify the trademark holder's product or service in conjunction with his or her own. To invoke this defense, the defendant must prove the following elements:

# the product or service cannot be readily identified without the mark
# he/she only uses as much of the mark as is necessary to identify the goods or services
# he/she does nothing with the mark to suggest that the trademark holder has given his approval to the defendant

Parody Use
Parodies of trademarked products have traditionally been permitted in print and other media publications. A parody must convey two simultaneous -- and contradictory -- messages: that it is the original, but also that it is not the original and is instead a parody.

Non-commercial Use
If no income is solicited or earned by using someone else's mark, this use is not normally infringement. Trademark rights protect consumers from purchasing inferior goods because of false labeling. If no goods or services are being offered, or the goods would not be confused with those of the mark owner, or if the term is being used in a literary sense, but not to label or otherwise identify the origin of other goods or services, then the term is not being used commercially.
Product Comparison and News Reporting
Even in a commercial use, you can refer to someone else?s goods by their trademarked name when comparing them to other products. News reporting is also exempt.

Geographic Limitations
A trademark is protected only within the geographic area where the mark is used and its reputation is established. For federally registered marks, protection is nationwide. For other marks, geographical use must be considered. For example, if John Doe owns the mark Timothy's Bakery in Boston, there is not likely to be any infringement if Jane Roe uses Timothy's Bakery to describe a bakery in Los Angeles. They don't sell to the same customers, so those customers aren't confused.

Non-competing or Non-confusing Use
Trademark rights only protect the particular type of goods and services that the mark owner is selling under the trademark. Some rights to expansion into related product lines have been recognized, but generally, if you are selling goods or services that do not remotely compete with those of the mark owner, this is generally strong evidence that consumers would not be confused and that no infringement exists. This defense may not exist if the mark is a famous one, however. In dilution cases, confusion is not the standard, so use on any type of good or service might cause infringement by dilution of a famous mark.
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Offline amanthapeterson

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Re: What are the limits of trademark rights in India
« Reply #1 on: January 01, 2014, 11:21:00 PM »
I am not very much known to the various relative rights of trademarks in India but the above thread gives all the detailed criteria about how it is. I am really grateful as I come to know various informative stuff from the above thread , I really admire it.

Offline touqeer

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Re: What are the limits of trademark rights in India
« Reply #2 on: April 09, 2014, 04:25:24 AM »
Trademark rights can last for for an indefinite period if the trademark owner continues to use the mark to identify goods or services.

Offline Robinrusewell

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Re: What are the limits of trademark rights in India
« Reply #3 on: July 18, 2015, 02:43:28 AM »
As in India there are many limits, of trademark rights in India which includes the use of two situations where the doctrine of fair use prevents.

Offline itendragroup

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Re: What are the limits of trademark rights in India
« Reply #4 on: July 28, 2015, 01:24:12 AM »
Trademark Registration in india is done as government rules and policies. A trademark is something which indicates foundation, protection, association or other business relationship of the goods or services.

Offline lexcare

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Re: What are the limits of trademark rights in India
« Reply #5 on: May 12, 2016, 09:53:24 PM »
 I am really grateful as I come to know various informative stuff from the above thread , I really admire it.

 

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