Wednesday, May 25, 2022

Registered Proprietor, Registered or Permitted User & Assignment in TM

 

An assignment in TM can’t create parallel exclusive rights nor territorial different exclusive rights, for similar goods or services.

A registered user is the user of any registered TM, u/s 49; becomes registered, post filing a proposed application for the same jointly with registered proprietor of the said TM (owner); along with the TM user agreement executed with the latter; whereas, a permitted user is the user of the trade mark permitted to use by the registered proprietor via written agreement.

What Should Prevail In The Age Of WWW? Global Prior Use, OR, Territorial Rights! Well That Depends!

  Can Doctrine of Territoriality be Misused? Albeit should not! But time down the line it has been proven that such misuse of Doctrine of...