sunil
31 January 2015 at 17:04
Below is a communication from one leading ONLINE Sales portal on the issue of who can sell or can not sell any brand/product:
"In order to remove other sellers from your brand, kindly share any of the below mentioned document:
Point 1. In case the brand name is your own private label.
If you have registered your brand under Trade Marks registry, kindly share the TM document. We will check the status of the document and will update you accordingly. If you haven’t registered your brand yet, you have to get in touch with your legal advocate to register your brand logo with the Controller General of Patents Designs and trademarks Govt of India. You have to select the relevant trademark class or TM Class according to the products which the brand will sell.
Link - http://www.ipindia.nic.in/
Once you apply for the registration for the brand logo, you have to provide us the scan copy of the trademark application.
After verification of your trademark, the brand rule will be created on the brand and other sellers who get mapped to the supc bearing your brand name will be removed automatically.
Point 2. If you are an importer or you source goods through the manufacturer of the brand directly
Manufacturer has to provide a document on it's company's official letter head stating that it is authorizing you to sell the brand's product on e-commerce channel
Point 3. Exclusive Marketing Letter
Document received directly from the brand itself, stating that you are it's online sales partner.
Once we get any of the above document, we'll create a brand rule for your products so that no other seller without permission can sell this product."
My question: 1) Is there any law / rule under IPR or otherwise which can restrict a trader having trade license (Trader Enlistment) & VAT/CST registration No. to sell a product (Tangible product) available in the open market for resale/trading? 2) Under which law/rule this is legal for ONLINE Portal to restrict some one to sell a product without authorization from a vendor/distributor?
Looking forward for your advice.
Thanks
karnam bhaskaran
29 January 2015 at 10:37
My son worked as a software engineer in a Multi National Company for 3 years and resigned his job one year back. Now he intends to teach "software coding and programming" without using the company's name, his association with the company, and any other proprietory information. Any one can see and practice the software through internet free of cost by logging into their website. In this background whether my son can teach the coding for consideration [as fees] and is there any repurcussions in doing so.
Pratik Jain
27 January 2015 at 12:04
Hi,
I have purcashed a Sennheiser PMX80 Sports II Wired Headphones , which is delivery to me but it is a fake product, which has been checked from the Sennheiser company and flipkart also accepted the same.
Now I want to file a case against Flipkart and the seller who has been sell the duplicate product to us through Flipkart.
I would like to know the section under which i can file the case on Flipkart and the seller, and upto what amount i can get a compenastion through a consumer court.
Email from flipkart.
We wish to mention that Flipkart Internet Private Limited (Flipkart) is an online marketplace, engaged in the business of providing platform/technology and/or other mechanism/services to facilitate transactions, electronic commerce, mobile commerce, by and between respective buyers and sellers; enables dealing in various multiple categories of goods. As an intermediary, we are not involved in the sale transaction but only provide the online platform. We do not sell any products on our own on the website.
We would further like to clarify that we only provide an online platform where third party sellers; sell their products and visitors/buyers purchase such products from the respective sellers on the aforesaid website. This contract between the seller and buyer is a bipartite contract and Flipkart is not a party to this contract. It is noteworthy that at no time does Flipkart hold any right/title to or interest over the Product nor even have any obligations or liabilities with respect to such a contract.
In the instant case, since the Sennheiser PMX80 Sports II Wired Headphones (for short the “Product”) is sold by a third party seller, Flipkart being a mere intermediary cannot ascertain your claims of any alleged issues with the Product. Please note that as an intermediary we do not have any service centers or the knowledge to ascertain or resolve the alleged issues with the Phone.
Nonetheless, we have escalated the issue to the respective seller and the seller has informed us that they are willing to refund the amount paid for the Product. We request you to confirm your acceptance of the same so that pick up of the Product can be arranged and refund can be processed to you. Once the Product is received, we can take up the matter with the seller as against the claims alleged by you. Further, we understand from your mails that you have received confirmation from the Brand stating that the Product is fake, we request you to share the said communication so that we can access the issue and take appropriate action against the seller. We assure you that we believe in the highest standards of customer satisfaction and the matter shall be dealt with appropriately. We shall keep you updated in this regard. We once again request you to confirm your acceptance for refund and pick up of the Product.
We reiterate that there is no claim against Flipkart in this entire transaction and hence you are requested to not to initiate unnecessary legal action against Flipkart. If you still wish so, same shall be suitably defended. In such event you shall be solely held responsible for cost and consequences thereof.
Ritesh Rathod
22 January 2015 at 22:43
Dear sir,
my question is- Mr.x had a registered TM in his own name which was registered in 2009 and in 2014 Mr. X pass away now Mr. X has a only one legal heir namely mr. Y. Now which form I have to file for transmission of tm in the name of Mr. Y. is it TM 23 OR 24 AND how much fees have to pay as a govt. Fees? On TM 23 OR 24.
brijesh tiwari
21 January 2015 at 13:24
what is the process of filing international application on computer software? if it is not patent able in Indian then why it is necessary to take permission from controller u/s 39 of Indian patent act 1970? what is purpose of section 39?
siddharth
19 January 2015 at 22:12
Two of my colleague and I designed a product at the firm in which we are working. We expect to get no equity and no influence in the running of the firm. It would be better to quit and develop the product ourselves. No NDA, Non-compete or any such document has been signed. The employment letter has no clauses pertaining to 'company information'
1. Most of the designs were made on a colleague'ss personal computer as the firm's computers could not run the software required. So who has the rights on the material developed on that computer?
2. If we do undertake to start on our own, can we face legal issues about 'idea stealing'? The design would be different but the utility part cannot be changed.
Aditya Agarwal
19 January 2015 at 16:15
Does the scope of goods and services increases from the application in the country of Origin, when we apply under 44D and 1b (Intent to Use) under the US Trademark ??
For reference I am providing the Link (Read the third paragraph). http://tmep.uspto.gov/RDMS/mashup/html/page/manual/TMEP/Oct2012/TMEP-1400d1e2049.xml#TMEP-1400d1e2049
SAYARA IQBAL
18 January 2015 at 23:20
Dear Sir/Madam,
Good Day
Please find attached file.
Please help us to solve our problem.
Thanks and best regards.
SayaraIqbal
Mumbai.
Aditya Agarwal
13 January 2015 at 14:34
I have applied for Trademark in various classes at different times in the Country of Origin(India). Now I want to register it Internationally through Madrid Protocol. I will apply for all the classes in a single application. Now my question is, suppose if I am rejected some of the Classes in the the Country of Origin (India), does my entire international application gets rejected or I am rejected in the classes in which I have been rejected in the Country of Origin or do I get an international registration irrespective of the rejection faced in the country of origin.????? please help.
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
How to file a trademark for name which is already trademarked in other class.
Hi,
Wanted to get a name trademarked but the name is already trademarked in some other class, So, is it possible to register the same name trademarked in other class and there wont't be any objection from others?