Policing of Trade marks

Policing of Trade marks

One of the major functions of the trade marks office is to prevent anyone else from registering a mark that is the same as or confusingly similar to another. The Institute does not police trade mark or rather keep an eye out for cases of infringement on behalf of the owner.
It is the duty and full responsibility of the owner to monitor the market and to institute legal proceedings, in case someone is infringing on a registered trademark or is using a deceptively similar trademark likely to cause confusion.

Assignments

A trade mark is a form of property with considerable value acquired through goodwill. It can be sold, given or otherwise transferred to another party through a transaction referred to as an assignment. A Registered trade mark is assignable and transmissible either in connection with the goodwill of a business or not.

The same mark is assignable and transmissible in respect of either all the goods or all the services of which it is registered or of some only of those goods or services. This has to be done in conjunction with the trade marks office which only comes in to record and effect the changes of the transaction in it's register and in the registration.

Licences

A person other than the proprietor of a trade mark may be registered as a registered user thereof in respect of all or any of the goods in respect of which it is registered or in respect of services with the provision of which he is connected in the course of business (otherwise than as a defensive trade mark) and either with or without conditions or restrictions.


blog comments powered by Disqus