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Discussion > Intellectual Property Rights > Others > Brand owned by TRUST or COMPANY   Unanswered Threads Post New Topic

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There are 11 Replies to this message


Suman Khurana


Company Secretary
[ Scorecard : 124]
PRO CHAT CALL
Posted On 21 May 2009 at 12:11 Report Abuse

Hi

Please tell me the pros and cons if:

  1. a brand is owned by a pvt ltd. company or
  2. a brand is owned by a TRUST

Please reply. its Very very urgent. i have no idea about the same.

 

Regards

Hinna Garg

 

 



Nirav Pankaj Shah


Corporate Laws and Indirect Taxation Laws Practitioner.
[ Scorecard : 36368]
PRO CHAT CALL
Posted On 21 May 2009 at 12:25

 If a brand is owned by soemone then it doesnt make any differnece whether its a company or trust or an individual.

It will get the priviledges as prescribed and allowed under respective IPR Act.


Suman Khurana


Company Secretary
[ Scorecard : 124]
PRO CHAT CALL
Posted On 21 May 2009 at 12:47

Hi Thanks for your prompt reply. Also tell me that i should refer which act of IPR. Regards Hinna Garg

Nirav Pankaj Shah


Corporate Laws and Indirect Taxation Laws Practitioner.
[ Scorecard : 36368]
PRO CHAT CALL
Posted On 21 May 2009 at 12:54

 i think u should refer trademark act. i m not sure as i dont deal with this. But that shoud b trademark act.


UMA DEVI MADASANI


INCHARGE IPR DEPARTMENT & HR DEPARTMENT: CS (Executive) student
[ Scorecard : 272]
PRO CHAT CALL
Posted On 21 May 2009 at 13:14

Yes. It's right.


Suman Khurana


Company Secretary
[ Scorecard : 124]
PRO CHAT CALL
Posted On 21 May 2009 at 13:20

Thanks

Actually my boss wants to know that if in future any dispute arises in relation to brand then will it make any difference that whether the brand is owned by private limited company or trust?

Regards

Hinna Garg


Nirav Pankaj Shah


Corporate Laws and Indirect Taxation Laws Practitioner.
[ Scorecard : 36368]
PRO CHAT CALL
Posted On 21 May 2009 at 13:23

 See,

1. If the Brand is owned by trust and its being used by a Companny then there must b an assignment by trust to Company. In case of Charitable Trust u need to ensure that it is for the benefit of beneficiaries only.

2. If someone infringes the law and use this brand then the registered owner or assignee can take action.

3. Without assignment this brand can not b used by anyone except the registered owner.

 


Suman Khurana


Company Secretary
[ Scorecard : 124]
PRO CHAT CALL
Posted On 21 May 2009 at 13:23

Hi

Also want to know whether a Trust can own a BRAND or not?


Nirav Pankaj Shah


Corporate Laws and Indirect Taxation Laws Practitioner.
[ Scorecard : 36368]
PRO CHAT CALL
Posted On 21 May 2009 at 13:25

 y not? If empowered to do so (through trust Deed/Resolution) and its for the ultimate benefit of Bebeficiaries.

 



Total thanks : 1 times

Suman Khurana


Company Secretary
[ Scorecard : 124]
PRO CHAT CALL
Posted On 21 May 2009 at 13:37

Thank you very much Nirav for your quick reply.

Hope so my boss's query will be cleared now.

Thanks a lot.

 

Regards

Hinna Garg





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