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Nature | Vol.140, Issue.3539 | | Pages 342-343

Nature

The Law of Trade and Merchandise Marks in India

Abstract

THE year in which an amending Trade Marks Bill is passing through Parliament in England is singularly appropriate for the appearance of a book on trade marks in India. The book is not only in itself an excellent and comprehensive guide to English trade mark law, but is also a most powerful argument for the trade mark legislation in India that its author desires. The position to-day in India is very much the same as it was in England before 1875 ; the owner of a trade mark can only attempt to protect his rights by a cumbrous passing-off action or by invoking the Indian Merchandise Marks Act, under which the onus is on him to prove his entitlement, and a successful action can give him neither damages nor an injunction.

Original Text (This is the original text for your reference.)

The Law of Trade and Merchandise Marks in India

THE year in which an amending Trade Marks Bill is passing through Parliament in England is singularly appropriate for the appearance of a book on trade marks in India. The book is not only in itself an excellent and comprehensive guide to English trade mark law, but is also a most powerful argument for the trade mark legislation in India that its author desires. The position to-day in India is very much the same as it was in England before 1875 ; the owner of a trade mark can only attempt to protect his rights by a cumbrous passing-off action or by invoking the Indian Merchandise Marks Act, under which the onus is on him to prove his entitlement, and a successful action can give him neither damages nor an injunction.

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.The Law of Trade and Merchandise Marks in India. 140 (3539),342-343.

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