What is Not Infringement of Trademark?


Where a trademark is used with honest business practice without taking unfair advantage, it is not deemed to be infringement.

Following acts are not infringement:

1. If a trademark is used to indicate kind, quality or quantity etc. of any goods/service.

2. If trademark was registered subject to certain conditions.

3. Where a mark is used in such types of goods/services for which owner of that mark had impliedly consented to its use.

 4. A registered trademark can be used in relation to parts and accessories to other goods/services.

Assignment and Transmission

The registered proprietor of a trademark can, at any time, assign his trademark. The Act also provides for the assignment of an unregistered trademark. In case of an assignment of the registered trademark without goodwill, assignor has to obtain the permission of Registrar and has to publish an advertisement.

Now that you have got your Trademark Registered, there are two things we can help you with!

  • Protect your Registered Trademark in India
  • Help you sell it in the open market in case you are not going to use it.

Trademark Watch: This is a niche service provided by us and is applicable to only registered Trademarks in India. As per the Trademarks Act, new applications are advertised in the Trademark Journal, wherein anybody who wants to oppose them should file an opposition in order to stop the registration process. Sometimes, new applications get through to this stage without being objected or by filing a reply to the objections. This is the final stage and once this stage is cleared, nobody can stop them from getting the registration certificate. It is thus important to keep a watch on these journals and oppose any similar trademarks to the one you have registered. If you shall not oppose, you will lose your exclusivity. There are many examples of this as you can see many similar trademarks registered to different applicants. Kindly get in touch with us to know more in detail or visit our page https://www.sunbrio.com/trademark-infringement/

Trademark Selling Portal: A Registered Trademark is no less than an asset. The time taken to register any trademark is very high and many entrepreneurs do not have so much time on their hands due to the competition. Hence, many are willing to purchase an already registered Trademark. In case you possess a registered trademark and do not know what to do with it, this is a fantastic option for you to choose. This way, you can earn more than what you invested in to get the Trademark Registered. Thus, having a Great return on your investment

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