Mark - Law Dictionary Search Results
Home Dictionary Name: markTrade 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 ...
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...
Property mark, trade mark
Property mark, trade mark, a property mark, as defined by s. 479 of the Indian Penal Code means a mark used for denoting that a movable property belongs to a particular person. The distinction between a trade mark and a property mark is that whereas the former denotes the manufacture or quality of the goods to which it is attached, the latter denotes the ownership in them. In other words, a trade mark concerns the goods themselves, while a property mark concerns the proprietor. A property mark attached to the movable property of a person remains even if part of such property goes out of his hands and ceases to be his, Sumat Prasead Jain v. Sheojonaw Prasad, AIR 1972 SC 2488 (2490): (1973) 1 SCC 56. [Penal Code, s. 479; Trade and Merchandise Marks Act, 1958, s. 2(1)(i) & (v)]...
Property mark
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. The concept of a trade mark is distinct from that of a property mark. A mark as defined by s. 2(1) (j) of the trade and Marchandise Marks Act, 1958, includes a device, brand, heading, label, ticket, name, signature, word, letter or numerical or any combination thereof, Sumat Prasad Jain v. Sheojanam Pradas & State of Bihar, AIR 1972 SC 2488: (1973) 1 SCC 56: (1973) 1 SCR 1050....
Using a false property mark
Using a false property mark, whoever marks any movable property or goods or any case, package or other receptacle containing movable property or goods, or uses any case, package or other receptacle having any mark thereon, in a manner reasonably calculated to cause it to be believed that the property or goods so marked, or any property or goods contained in any such receptacle so marked, belong to a person to whom they do not belong, is said to use a false property mark. (Indian Penal Code, s. 481)...
strong mark
strong mark : a trademark or service mark that is distinctive and is used in a fictitious, arbitrary, or fanciful manner in connection with a product compare weak mark NOTE: A strong mark is afforded greater trademark protection than a weak mark. ...
Marking
The act of one who or that which marks the mark or marks made arrangement or disposition of marks or coloring as the marking of a birds plumage...
Associated Trade Marks
Associated Trade Marks, 'associated trade marks' means trade marks deemed to be, or required to be, registered as associated trade marks under this Act. [Trade Marks Act, (47 of 1999) s. 2 (1) (c)]...
Mark
Mark [fr. marc, Welsh; mearc, Sax.; merche, Dut.; marque, Fr.], a token; an impression; a proof; an evidence; licence of reprisals; also, formerly, a coin of the value of 13s. 4d.In commerce, a certain character struck or impressed on various kind of commodities, either to show the place where they were made, and the person who made them, or to witness that they have been viewed and examined by the officers charged with the inspection of manufacturers; or to show that the duties imposed thereon have been paid. It is also used to indicate the price of a commodity. If one use the mark of another to do him damage, an action on the case will lie, and an injunction may be obtained. See TRADE MARKS.Those who are unable to write, sign a cross, for their mark, when they execute any document. See MARKSMAN.It includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral shape of goods, packaging or combination of colours or any combination thereof. [Trade Marks Act, 19...
Well known trade mark
Well known trade mark, in relation to any goods or services, means a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the first-mentioned goods or services. [Trade Marks Act, 1999, s. 2(zg)]...
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