IPR, Industrial Designs and Geographical Indications
Chief Editor: Prof. Dr. P. R. Trivedi, editors: Dr. Subhash C. Gupta and Dr. Akshay Kumar Nayak.
viii, 338 p. 25 cm.
Place & Publisher
1st ed. New Delhi, Jnanada Prakashan (P & D).
In association with Indian Institute of Intellectual Property Rights, New Delhi.
US $ 66.70
US $ 60.00
(With Free Regd. Airmail Deliveries)
"The law considers a trademark to be a form of property. Proprietary rights in
relation to a trademark may be established through actual use in the marketplace, or
through registration of the mark with the trademarks office (or "trademarks registry)
of a particular jurisdiction. In some jurisdictions, trademark rights can be established
through other or both means. Certain jurisdictions generally do not recognize trademarks
rights arising through use. If trademark owners do not hold registrations for their marks
in such jurisdictions, the extent to which they will be able to enforce their rights
through trademark infringement proceedings will therefore be limited. In cases of dispute,
this disparity of rights is often referred to as "first to file" as opposed to
"first to use". Other countries such as Germany offer a limited amount of common
law rights for unregistered marks where to gain protection, the goods or services must
occupy a highly significant position in marketplace - where this could be 40 percent or
more market share for sales in particular class of goods or services."
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