Explain the following: The objectives of trade marks law. Whether an unregistered trade mark can be assigned ?
CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2019
Explain the following: The objectives of trade marks law. Whether an unregistered trade mark can be assigned ?
Answer & Explanation:
The trademark law has undergone changes from time to time, with the changing pattern of business methods and practices. Even the very concept of a trade mark and its functions have changed. The object of trade mark law is to deal with the precise nature of the right which a person can acquire in respect of trade marks and; the mode of acquisition of such rights, the method of transfer of those rights to others, the precise nature of infringement of such rights, and the remedies available in respect thereof. Section 39 of the Trade Marks Act, 1999 states that an unregistered trade mark may be assigned or transmitted with or without the goodwill of the business concerned.
Topics: Intellectual Property Law
Related Questions in this Topic
- Write short notes on the following: Patent Assignment.
- Write short notes on the following: Reference and Review under Civil Procedure Code 1908.
- Write short notes on the following: The importance of 'Disclaimers' in the drafting of opinions by an expert.
- Write short notes on the following: Stages of Criminal Trial in a Summons case.
- Write short notes on the following: Res judicata and Bar to Further Suits.