Trade marks


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TRADE MARKS. Signs, writings or tickets put upon manufactured goods, to distinguish them from others.
     2. It seems at one time to have been thought that no man acquired a right in a particular mark or stamp. 2 Atk. 484. But it was afterwards considered that for one man to use as his own another's name or mark, would be a fraud for which an action would lie. 3 Dougl. 293; 3 B. & C. 541; 4 B. & Ad. 410. 1 court of equity will restrain a party from, using the marks of another. Eden, Inj. 314l; 2 Keene, 213; 3 Mylne & C. 339.
     3. The Monthly Law Magazine for December 1840, in an article copied into the American Jurist, vol. 25, p. 279, says, "The principle to be extracted, after an examination of these cases, appear to be the following: First, that the first producer or vendor of any article gains no right of property in that article so as to prevent others from manufacturing, producing or vending it.
     4. Secondly, that although any other person may manufacture, produce, and sell any such article, yet he must not, in manner, either by using the same or similar marks, wrappers, labels, or devices, or colorable imitations thereof, or otherwise, hold out to the public that he is manufacturing, producing, or selling the identical article, prepared, manufactured, produced, or sold by the other; that is to say, he may not make use of the name or reputation of the other in order to sell his own preparation.
     5. Thirdly, the right to use or restrain others from using any mark or name of a firm, is in the nature of goodwill, and therefore goes to the surviving or continuing partner in such firm, and the personal representative of a deceased partner has an interest in it.
     6. Fourthly, that courts of equity in these cases only act as auxiliary to the legal right, and to prevent injury, and give a relief by account, when damages at law would be inadequate to the injury received; and they will not interfere by injunction in the first instance, unless a good legal title is shown, and even then they never preclude the parties from trying the right at law, if desired.
     7. Fifthly, if the legal title be so doubtful as not to induce the court to grant the injunction, yet it will put the parties in a position to try the legal right at law, notwithstanding the suit.
     8. Sixthly, that before the party is entitled to relief in equity, he must truly represent his title, and the mode in which he became possessed of the article for the vending of which he claims protection; it being a clear rule of courts of equity not to extend their protection to persons whose case is not founded on truth."
     9. In France the law regulates the rights of merchants and manufacturers as to their trade marks with great minuteness. Dall. Dict. mot Propriete Industrielle. See, generally, 4 Mann. & Gr. 357; B. & C. 541; 5 D. & R. 292; 2 Keen, 213; and Deceit.

References in periodicals archive ?
National and European trade marks should cost less to register and provide greater protection against counterfeits.
High profile names such as Apple, John Lewis and Starbucks have already fallen foul of the move - and Birmingham companies are being urged to register their own trade marks in China to avoid a similar fate.
Over the passage of time, certain words which may have caused major offence in earlier times would now be acceptable as trade marks in certain markets, namely, the Australian market," White told News.
or similarity to, the earlier trade mark and the identity or similarity of the goods or services covered by the trade marks, there exists a likelihood of confusion on the part of the public in the territory in which the earlier trade mark is protected.
While common law may automatically protect some trade marks, provided sufficient trading reputation and goodwill have been built up around a mark, it is likely to be difficult and costly to defend against infringement.
We've teamed up with Trade Mark Direct to take you through the process.
If owners of UK registered trade marks do not wish to be notified of later filed conflicting marks, they can request to opt-out of the system.
Intellectual Property Office seeks views on the implementation of changes to UK trade mark law resulting from the Trade Mark Directive 2015.
You should also have a policy for checking for infringing trade marks and brands.
New Delhi [India], July 5 ( ANI ): The Centre on Wednesday clarified that in the context of the new Goods and Services Tax (GST), the five percent tax slab will be levied only on the supply of those goods whose brand name or trade name is on the Register of Trade Marks and is in force under the Trade Marks Act, 1999.
Mr Caddy added: "We look forward to watching Don grow and progress within our trade marks team and within the Wynne-Jones family generally.
UK national trade marks (granted by the UK Intellectual Property Office) and international trade mark applications designating the UK will not be affected.