Jaydeep Kurup
02 February 2009 at 16:01
A person holds a patent in a process invented by him.
Whether similar process undertaken by another person bonafide, without knowledge of patent already existing in such process would amount to an infringement.
This question has always come to my mind as to why should a person be penalised / asked to take a license for doing something which he created out of his own talent w/o copying some one else.
Pls clarify.
Suresh
31 January 2009 at 11:30
Problem:
A well reputed trademark conceived and adopted by the predecessor several decades ago and consequently used by his legal heirs on their different areas of business, however one of the legal heir registered the trademark in his name. Can he claim exclusive rights for the said trademark?
Background of the case
1. Predecessor adopted the trademark in 1960’s and doing the business along with his three sons.
2. After the demise of the predecessor his three sons partitioned and continued business on their own under the same trademark.
3. One of the legal heir of the predecessor registered the trademark for his business.
Is the registration of the trademark without any consent of the other legal heirs is Valid?
Relevant citation much appreciated
Thanks and Regards
Suresh
V.G.Rao Advocate
11 January 2009 at 16:09
Hi all,
I need a patent assignment document relating on any subject(on any invented property or things, or medicines etc) , since i require the same as a proforma.
Legal_Query
27 December 2008 at 16:11
Dear Friends,
My query is
Can a company directly apply for the registration/amendment in register of Trademarks office without involving trademark agent.
Thnks & Rgds
ESTHERPRIYA
26 December 2008 at 13:49
What is the effect of using R sign in the trade mark denoting it as registered but actually the mark is not at all registered in the trademark registry? Whether such action amounts to violation of civil, criminal or both? Any Judgment in this point.
amitkaur
21 November 2008 at 14:04
inst with IPR DIPLOMA.
their elgibility and can a final yr student can apply.
satish
12 October 2008 at 17:01
Hai all,
can any body provide me "patent assignment agreements" for my record purpose.kindly do the favor as early as possible
amit kumar choubey
28 September 2008 at 12:55
Respected all seniors,
I want to know about the compliances issues/concerns related to information security within the organization.
Second, about data protection law and law related to information security.
Pls provide input related to above as soon as possible.
With Regards,
Amit Choubey
L. Raghunandan
26 September 2008 at 16:41
Hi...i would like to know the procedure to register trade mark of a company
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Kindly give me your suggestion
X is the manufacturer and Y is one of his distributors. Owing to payment issue X assigns his trademark to Y to settle his payment on 2006. Y has also filed the T.M.16 and T.M. 24 before the Trademark Registry for the recordal change proprietorship. Later Y came to know that X has again assigned the same trademark to another distributor “Z” on 2008 to settle the payment.
The assignment made on 2006 to Y was on stamp papers, whereas the assignment made on 2008 to Z was on white papers. But in the affidavit before the Trademark registry X has mentioned that Y has fraudulently obtained the assignment without his knowledge, hence the said assignment would not withstand and only the assignment made to Y is valid.
Other facts:
X has also defrauded another distributor, and C.P has been filed for liquidation of assets of X’s Company and the said suit is pending before the court.
So, my query is
Can X revoke his assignment by way of affidavit filed before the Trademark Registry?
Whether the later assignment to Z is valid?
What remedy available to “Z” against of X?
Can Y file suit against X for making such affidavit before the Trademark Registry?
Your Valuable opinion is much awaited
Thanks and regards
Suresh