According to many news reports, The Missionaries of Charity obtained trademark for the blue striped white cotton saree, the application was apparently filed in 2013. The organization was obviously granted the trademark in 2016. According to the report, the organization unscrupulous to avoid selfish gain for the pattern of misusing.
Reports states that!
The right to the trademark is not just a negative right. It is also a positive sign. Of course, it gives the right to exclude others from using symbols in respect of those goods and / or services for which the marks are registered. At the same time, it gives a positive right to use the trademark in relation to those goods and / or services for which the trademark is registered.
Removal from register and imposition of limitations on ground of non-use-
A registered trade mark can be removed from the register in relation to goods or services, in relation to this application, the Registrar or Appellate Board has been neglected by any person on land:
- That the trade mark was registered for registration without any authentic intention of the applicant that it should be used in relation to those goods or services, or that, if the provisions of Section 46 of the company apply to the concerned or registered user, The matter may be, and in fact, any owner of any trademark by any owner for a period of three months from a date Vic has not been used before the date of application
- That is three months before the date of application, the continuous period of five years from the date on which the trade mark is actually registered in the register or more time has passed, during which the trade mark was registered and during which time there was time for No employer uses any reality about those goods or services.
In relation to any goods or services in respect of which a trade mark is registered
- The conditions specified in clause (b) of sub-section (1) are not yet used in connection with the goods sold in a particular place in India, for export from India), or in a particular market outside India In relation to the goods to be exported; Or in relation to the services available for use in any particular place in India or for use in a particular market outside India or for acceptance.
- A person has been allowed to register similar or nearly identical trade marks in relation to those items under Section 12, under which a can be sold under a registration used in connection with the goods, Or otherwise may be traded or exported in relation to the goods, or in connection with the use or service for acceptance in that place or for use in that country or the opinion of the tribunal is that it can be reasonably permissible to register such trademarks, by applying the appellate board or the Registrar to that person in a prescribed manner, the tribunal can be posted on the first-mentioned registration. Limitations because it is advisable to ensure that this registration is extended for such use.
An applicant shall not be entitled to rely for the purpose of clause
- Of sub-section
- For the purposes of sub-section
On any non-use of a trade mark, which is shown due to special circumstances in the business, in which prohibition on the use of the trademark in India is imposed by any law or regulation, and whether there is no intention of leaving them Application related to the use of trade marks in relation to goods or services.
Out to the right
News reports show that Mark gives the Missionary of Charity the right to use the sari pattern completely to exclude others. This is not the right proposal of the law. The right to leave is limited to those categories, for which the trademark has been provided. For example, say, this symbol is given for “education” (class 41). The mark holder has the right to exclude others using only the “education” mark. Mark holder does not have the right to other classes, for example, medical services (class 44).
If the trademark holder’s intention is to prevent misuse alone, then the remedy is not yet in the Trade Mark Act, 1999. As I do not have all the facts, I can only guess. And for those reasons mentioned above, those estimates are in favor of doubting the strength of this scar. in fact, correct, then the mark is a fit case for challenge and more importantly, shouldn’t have been granted in the first instance.