Standard Mark - Law Dictionary Search Results
Home Dictionary Name: standard markStandard mark
Standard mark, means the Bureau of Indian Stand-ards Certification Mark Specified by the Bureau to represent a particular Indian standard and also includes any Indian Standards Institution Certifica-tion Mark specified by the Indian Standards Institution. [Bureau of Indian Standards Act, 1986 (63 of 1986), s. 2(t)]...
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 ...
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...
Quality is up to the mark
Quality is up to the mark, the words 'quality is up to the mark' mean that the quality of the article is up to the standard required by the Act and the vendee. Quality in this context would include nature and substance because the name of the article is given in the cash memo. It must be remembered that it is not a document drafted by a solicitor; it is a document using the language of a tradesman. Any tradesman, when he is assured that the quality of the article is up to the mark will readily conclude that he is being assured that the article is not adulterated, K. Ranganatha Reddiar v. State of Kerala, AIR 1970 SC 520 (521): (1969) 2 SCC 457: (1970) 1 SCR 864....
Indian standard
Indian standard, means the standard (including any tentative or provisional standard) established and published by the Bureau, in relation to any article or process indicative of the quality and specifica-tion of such article or process and includes--(i) any standard recognised by the Bureau under clause (b) of s. 10; and(ii) any standard established and published, or re-cognised, by the Indian Standards Institution and which is in force immediately before the date of establishment of the Bureau. [Bureau of Indian Standards Act, 1986 (63 of 1986), s. 2 (g)]...
Standard gold bar
Standard gold bar, the definition of the term 'standard gold bar' under s. 2(u) does not contemplate the standard gold bar being cut into pieces. A standard gold bar being of a prescribed weight and purity cannot in many cases be handed over to a certified goldsmith without cutting the same. If a dealer, therefore, has to give a cut piece of standard gold bar to a certain goldsmith the remaining portion of the standard gold bar will be treated as primary gold in his hands, Hukumchand Ratanchand Banthia v. Union of India, AIR 1970 SC 1453 (1466): (1969) 2 SCC 166. [Gold Control Act, 1968, s. 3(u)]...
standard of proof
standard of proof :the level of certainty and the degree of evidence necessary to establish proof in a criminal or civil proceeding [the standard of proof to convict is proof beyond a reasonable doubt] see also clear and convincing, preponderance of the evidence compare burden of proof clear and convincing evidence at evidence, reasonable doubt NOTE: Preponderance of the evidence is the least demanding standard of proof and is used for most civil actions and some criminal defenses (as insanity). Clear and convincing proof is a more demanding standard of proof and is used in certain civil actions (as a civil fraud suit). Proof beyond a reasonable doubt is the most demanding standard and the one that must be met for a criminal conviction. ...
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...
Working standard
Working standard, means the set of standard weight or measure which is made or manufactured by or on behalf of Government for the verification ofany standard weight or measure, other than a national prototype or national reference or secondary standard. [Standards of Weights and Measures Act, 1976 (60 of 1976), s. 2(ze)]...
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)]...
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