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Home Dictionary Name: indicatively Page: 2 Page 2 of about 568 results (0.002 seconds)Trade marks
Trade marks. by the Trade Marks Act, 1905 (English) (5 Edw. 7, c. 15), s. 3:-A 'mark' shall include a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof.A 'trade mark' shall mean a mark used or proposed to be used upon or in connexion with goods for the purpose of indicating that they are the goods of the proprietor of such trademark by virtue of manufacture, selection, certification, dealing with, or offering for sale.A 'registrable trademark' shall mean a trade mark which is capable of registration under the pro-visions of this Act.Subject to the Trade Mark Acts, the owner of a trademark has a right to its use in connection with the goods associated with it, whether or not it is registered or registrable by him, and if that right is infringed by a sale of other goods under his mark, or a colourable imitation or otherwise so as to be calculated to deceive a purchaser that those goods are goods of his manufacture, sale or mark, the ...
Stigma
Stigma, denotes loss of confidence by the employer amount to 'stigma', Kamal Kishore Lakshman v. Pan American World Airways, AIR 1987 SC 229: (1987) 1 SCC 146.Stigma, is something that detracts from the character or reputation of a person, a mark, sign etc., indicting that something is not considered normal or standard (Webster's New World Dictionary), Dipti Prakash Banerjee v. Satyendra Nath Bose National Centre for Basic Sciences, (1999) 3 SCC 60.Stigma, is understood to be something that is detraction from the character or reputation of a person. It is blemish, imputation, mark or label indicating a deviation from a norm, mere description of background fact cannot be called as stigma. State of U.P. v. Ram Bachan Tripathi, AIR 2005 SC 3212.--in the absence of a statutory definition of the word 'stigma', its meaning as available in dictionaries. According to Webster's New World Dictionary it is something that detracts from the character or reputation of a person, a mark, sign, etc. in...
Clock
A machine for measuring time indicating the hour and other divisions in ordinary mechanical clocks for domestic or office use the time is indicated on a typically circular face or dial plate containing two hands pointing to numbers engraved on the periphery of the face thus showing the hours and minutes The works of a mechanical clock are moved by a weight or a spring and it is often so constructed as to tell the hour by the stroke of a hammer on a bell In electrical or electronic clocks the time may be indicated as on a mechanical clock by hands but may also be indicated by direct digital readout with the hours and minutes in normal Arabic numerals The readout using hands is often called analog to distinguish it from the digital readout Some clocks also indicate the seconds Clocks are not adapted like the watch to be carried on the person Specialized clocks such as atomic clocks may be constructed on different principles and may have a very high precision for use in scientific observa...
Malik or milkiyat
Malik or milkiyat, See, Ram Kishorelal v. Kamalanarayan, AIR 1963 SC 890.Malik, a devise or donee described as a 'malik' has a full right of alienation unless there is something in the context or in the surrounding circumstances to indicate that such full proprietary rights were not intended to be conferred, Sartaj Koer v. Mahadeo Bux, 29 OC 153: 1926 Oudh 332.Malik, a proprietor, Indian.The testator used the word 'malik' to describe the absolute interest in the property. The word 'malik' which had a well-known connotation, when used in a Will described the position of the divisee as an owner possessed of full proprietary rights, including a full right of alienation, unless there is something in the context or in the surrounding circumstances to indicate that such full proprietary rights were not intended to be conferred, Pearey Lal v. Rameshwar Das, AIR 1963 SC 1703 (1706): (1963) Supp 2 SCR 834.The term 'malik' when used in a will or other document as descriptive of the position whic...
Any
Any, the word 'any' has the following meaning:some; one of many; and indefinite number. One indiscriminately or whatever kind or quantity.Word 'any' has a diversity of meaning and may be employed to indicate 'all' or 'every' as well as 'some' or 'one' and its meaning in a given statute depends upon the context and the subject- matter of the statute. It is often synonymous with 'either', 'every' or 'all'. Its generality may be restricted by the context;' (Black's Law Dictionary, 5th Edn.), Shri Balaganesna Metals v. M. N. Shanmugham Chetty, (1987) 2 SCC 707 (718): AIR 1987 SC 1668. [T. N. Buildings (Lease and Rent Control) Act, 1960 (18 of 1960) s. 10(3)(c)]The word 'any' dictionary means 'one or same or all'. In Black's law Dictionary it is explained thus, 'word any' has a diversity of meaning and may be employed to indicate 'all' or 'every' as well as 'same' or 'one' and its meaning in a given statute depends upon the context and subject matter of the statute. The use of the word 'any...
Deceptively similar
Deceptively similar, a geographical indication shall be deemed to be deceptively similar to another geographical indication if it so nearly resembles that other geographical indication as to be likely to deceive or cause confusion. [Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999), s. 2 (1) (c)]A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion. [Trade Marks Act, 1999 (47 of 1999), s. 2 (1) (h)]In order to come to the conclusion whether one mark is deceptively similar to another, the broad and essential features of the two are to be considered. They should not be placed side by side to find out if there are any differences in the design and if so, whether they are of such character as to prevent one design from being mistaken for the other. It would be enough if the impugned mark bears such an overall similarity to the registered mark as would be l...
Trade description
Trade description, means 'any description, state-ment, or other indication, direct or indirect, (a) as to the number, quantity, measure, gauge, or weight of any goods, or (b) as to the place or country in which any goods were made or produced, or (c) as to the mode of manufacturing or producing any goods, or (d) as to the material of which any goods are composed, or (e) as to any goods being the subject of an existing patent, privilege, or copyright, and the use of any figure, word, or mark which, accord-ing to the custom of the trade, is commonly taken to be an indication of any of the above matters.' A 'false trade description' means a trade description which is false in a material respect as regards the goods to which it is applied, and includes every alteration of a trade description, whether by way of addition, effacement, or otherwise, where that alteration makes the description false in a material respect, and the fact that a trade description is a trade mark, or part of a trade...
Trade mark and property mark
Trade mark and property mark, the concept of trade mark is distinct from that of a property mark. A mark, as defined by s. 2(1)(j) of the Trade and Merchandise Marks Act, 1958, includes a device, brand, heading, label, ticket, name, signature, world, letter or numerical or any combination thereof. A trade mark means a mark used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right as proprietor to use that mark. The function of a trade mark is to give an indication to the purchaser or a possible purchaser as to the manufacture or quality of the goods, to give an indication to his eye of the trade source from which the goods come, or the trade hands through which they pass on their way to the market. On the other hand, a property mark, as defined by s. 479 of the Penal Code means a mark used for denoting that a movable property belongs to a particular person. Thus, the distinction be...
Registered proprietor
Registered proprietor, in relation to a geographical indication, means any association of persons or of producer or any organisation for the time beingentered in the register as proprietor of the geographical indication. [Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999), s. 2(n)]In relation to a layout-design, means the person for the time being entered in the register as proprietor of the layout-design. [Semiconductor Integrated Circuits Layout-Design Act, 2000, s. 2 (o)]In relation to a trademark, means the person for the time being entered in the register as proprietor of the trademark. [Trade Marks Act, 1999, s. 2 (1) (v)]Means a trade mark which is actually on the register and remaining in force. [Trade Marks Act, 1999, s. 2(1)(w)]...
Shall
Shall, a word of slippery semantics in a rule is not decisive and the context of the statute, the purpose of the prescription, the public injury in the event of neglect of the rule and the conspectus of circumstances bearing on the importance of the condition have all to be considered before condemning a violation as fatal, State of Punjab v. Shamlal Murari, (1976) 1 SCC 719.Shall, does not always mean that an act is obligatory or mandatory and it depends upon the context in which the word 'shall' occurs and the other circumstances, Ramnath Narayana Mauzo of Margoa v. Union Government of India, AIR 1968 Goa 85.Shall, does not always mean that the enactment is obligatory or mandatory. It depends upon the context in which the word shall occurs and the other circumstances, State of Madhya Pradesh v. Azad Bharat Finance Co., (1966) (Supp) SCR 473: (1967) 1 SCJ 815.Shall, in a statute, though generally taken in a mandatory sense, does not necessarily mean that in every case it shall have th...
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