Tag Archives: trade-marks Act

ILN Today Post

Well Known Mark: The Ordeal of International Brand

The Trade Marks Rules, 2017, has -implemented certain significant changes in the procedural aspect of declaring a trademark to be a well -known mark by way of filing a request before the Trade Marks Registry alongwith supported documents in the form of statement of case and an official fee of INR One hundred thousand ( One Lakh). The Office of Controller General of Patents, Designs and Trade Marks (CGPDTM) has also issued notifications elucidating the process of submitting the evidences showing the use of trademark, existing and potential customers for goods/services available under trademark, the duration, extent and geographical area of use of the mark, judicial pronouncements wherein trademark declared to be well known etc. There was no procedure for determining the well-known mark, though there were instances whereby trademarks were declared well -known during infringement/passing off proceedings or in opposition/rectification proceedings etc. With the advent of new rules it now obligates the Trademark Registry to provide an extraordinary protection to the well-known trademarks and safeguards them from the vices of infringement and passing off.

Continue Reading… Well Known Trademark Article 09.01.18

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Combatting Counterfeiting

While implementation of the significant reforms to the Trade-marks Act in Canada that were passed in 2014 has been very slow, one area that has been implemented is the amendments to combat counterfeiting. The amendments are an attempt to change the international reputation of Canada as a laggard in battling counterfeiting.

The amendments brought into force on January 1, 2015 assist both trade-mark and copyright owners in their efforts to stop the distribution and importation into Canada of counterfeit goods.

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New Fee Proposal for Trademarks in Canada

Happy Canada Day red silk leaves in shape of Canadian Flag on white shabby chic wood table.

The Canadian Intellectual Property Office (CIPO) has published a Fee-for-service proposal (the Proposal), seeking public input by July 5, 2016.  The Canadian government significantly amended the Trade-marks Act (the Act) in 2014, in order for Canada to accede to the Singapore Treaty, the Nice Agreement and the Madrid Protocol. Those amendments have not yet come into force, however, pending the adoption of new Regulations on various matters, including fees.  The Proposal is the first step in adopting new Regulations on the fees that will be applicable.

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