Strong Mark - Law Dictionary Search Results
Home Dictionary Name: strong markstrong 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. ...
weak mark
weak mark : a trademark or service mark that is descriptive or suggestive of the product or service and entitled to a lesser degree of protection than a strong mark compare strong mark ...
trademark
trademark : a mark that is used by a manufacturer or merchant to identify the origin or ownership of goods and to distinguish them from others and the use of which is protected by law see also dilution, infringement, strong mark, weak mark Trademark Act of 1946 in the Important Laws section compare copyright, patent, service mark NOTE: The Patent and Trademark Office registers trademarks and service marks that are used in interstate commerce or in intrastate commerce that affects interstate commerce. There are also state registration statutes for marks used in intrastate commerce. A trademark or service mark need not be registered for an owner to enforce his or her rights in court. The common law recognizes ownership of a trademark, established by actual and first use of the mark, but it extends only to the areas or markets where the mark is used. Federal registration of a trademark gives rise to a federal cause of action for infringement in addition to the common-law claim. Regist...
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 ...
Blackburnian warbler
A beautiful warbler of the United States Dendroica Blackburniaelig The male is strongly marked with orange yellow and black on the head and neck and has an orange yellow breast...
Lutein
A substance of a strongly marked yellow color extracted from the yolk of eggs and from the tissue of the corpus luteum...
Prononceacute
Strongly marked decided as in manners etc...
Pronounced
Strongly marked unequivocal decided A Gallicism...
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)]...
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