Dear all,

In regards to Trade Marks Act, 1999 (not legal metrology Act) kindly please answer me the following :-

a) Is it madatory that the name of the BRAND OWNER should be displayed on the label disclosure on the principle diplay panel of the good ?

b) Is it mandatory that the registered user should mention on the principle display panel that he is not the brand owner but a registered user of the mark ?

Regards,

Sagnik Sanyal

Dear Sri. Sanyal,

Please also refer to Section 6 of

The Standards of Weights and Measures (Packaged Commodities) Rules, 1977 - (Updated 2007)

Best Wishes

Dear sir,

I think LEGAL METROLOGY ACT has replaced STANDRAD WEIGHTS & MEASURES ACT in 2009

Dear Sagnik,

It is Section 6 of The Legal Metrology(Packaged Commodity) Rules 2011.

Sorry, older Act names are imprinted in memory, they refuse to go away!

Best Wishes

The name of the brand owner has to be mentioned on the package.This is to inform the public the source of the product.If it is manufactured by a registered user then  his name andthe name of owner of the brand and the fact that the product is manufactured  as a registered user should be mentioned .For example 'colgate' brand.

T.R.Subramanian

Dear Subramanium sir,

Could you kindly quote me the section from which you are reffering because I was having a hard time to locate similar section in Legal Metrology Act.

Regards,

Sagnik Sanyal

One of the functions of trademark is to indicate the origin of the goods which includes the name of the proprietor of the trade mark  his address etc So in the package when the brand name(trademark) is mentioned the name of the proprietor has to be mentioed to indicate the origin of the goodsPreferably it is better to mention the registration no.This is by way of information to the public and as a warning to possible infringers.  In the Registered user agreement, which as the name implies , there will be a clause that the registered user will use the mark as a registered user. This fact has to be brought to the notice of the public as who is the registered proprietor of the mark.Also mentioning these facts is in the interest of the proprietor and registered user particularly in infringement proceedings. I have no idea on this matter in Legal Metrology Act.

Sections 116, 140 of trade marks act  relates to indication of origin of goods.There are notifications  issued on this.

T.R.Subramanian