Confusion between related products: If one product is offered under a mark similar or identical to another, and the products would be confused by the buying public if sold under the same mark, an infringement can be found. (more…)
The forms of confusion between Trade Marks are as follows:
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‘Infringement of a trademark is a violation of the exclusive rights’
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Infringement of a Trademark is a violation of the Exclusive Rights attached to it without the authorization of its owner or any licensees (provided that such authorization was within the scope of the license). (more…)
Essay on registration of trade mark
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A trade mark may be eligible for registration, or register able, if amongst other things it performs the essential trademark function, and has distinctive character. Registrability can be understood as a continuum, with “inherently distinctive” marks at one end, “generic” and “descriptive” marks with no distinctive character at the other end, and “suggestive” and “arbitrary” […]