Section 11 Of Trademark Act

B its similarity to an earlier trade mark and the identity or similarity of the goods or services covered by the trade mark there exists a likelihood of confusion on the part of the public which.
Section 11 of trademark act. 427 the headings used for sections and subsections or paragraphs in the following reprint of the act. Assignability and transmissibility or associated trade marks. Associated trade marks shall be assignable and transmissible only as a whole and not separately but subject to the provisions of this act they shall for all other purposes be deemed to have been registered as separate trade marks.
A trademark application can be refused registration on either absolute or relative grounds as provided under section 9 and 11 respectively. In an action of passing off the plaintiff has to establish prior use to secure an injunction and that the registration of the mark or similar mark in point of time is irrelevant 21. There are changes that may be brought into force at a future date.
These grounds for refusal of registration shall be discussed in detail as part of a series on the grounds of refusal of registration of trademarks. A its identity with an earlier trade mark and similarity of goods or services covered by the trade mark. Trade marks act 1994 section 11 is up to date with all changes known to be in force on or before 29 september 2020.
Section 11 in the trade marks act 1999. 6 november 25 2013 trademark act of 1946 as amended public law 79 489 chapter 540 approved july 5 1946. The detail of same similar trademarks is enclosed herewith.
1 save as provided in section 12 a trade mark shall not be registered if because of. An act to amend and consolidate the law relating to trade marks to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks. Relative grounds for refusal of registration.