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Use of R denoting Registered Sign

(Querist) 26 December 2008 This query is : Resolved 
What is the effect of using R sign in the trade mark denoting it as registered but actually the mark is not at all registered in the trademark registry? Whether such action amounts to violation of civil, criminal or both? Any Judgment in this point.
tamilarasibabu (Expert) 26 December 2008
Dear Pamapriya
The letter R if depicted on a trademark indicates that the mark is registered. . But since trademark law is territorial and if the trademark is registered only in India ,the R superscript be affixed to the trademark on sales and marketing collateral used in other countries by taking the stand that this is a India based Company . without obtaining registration,if the good /service is used in commerical market then the legal entitlement will be qustioned. The recent judgment by Supreme Court 2008 vol 10 pg 479 - clearly states the stand of filing infringements.
Regards
Mrs. Tamilarasi Babu
Advocate
tamilarasibabu (Expert) 26 December 2008
Dear Pamapriya
The letter R if depicted on a trademark indicates that the mark is registered. . But since trademark law is territorial and if the trademark is registered only in India ,the R superscript be affixed to the trademark on sales and marketing collateral used in other countries by taking the stand that this is a India based Company . without obtaining registration,if the good /service is used in commerical market then the legal entitlement will be qustioned. The recent judgment by Supreme Court 2008 vol 10 pg 479 - clearly states the stand of filing infringements.
Regards
Mrs. Tamilarasi Babu
Advocate
B.B.R.Goud. (Expert) 23 February 2009
i do agree with learned friend
Hiralal Das (Expert) 06 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.


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