LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Suman Khurana (Company Secretary)     21 May 2009

Brand owned by TRUST or COMPANY

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

 

 



 11 Replies

Guest (Guest)     21 May 2009

 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)     21 May 2009

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

Guest (Guest)     21 May 2009

 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)     21 May 2009

Yes. It's right.

Suman Khurana (Company Secretary)     21 May 2009

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

Guest (Guest)     21 May 2009

 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)     21 May 2009

Hi

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

Guest (Guest)     21 May 2009

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

 

1 Like

Suman Khurana (Company Secretary)     21 May 2009

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

Guest (Guest)     21 May 2009

 most welcome

Suman Khurana (Company Secretary)     25 May 2009

Hi

 

Please tell me the following also:

 

1. if any dispute arises related to ownership of brand or some other dispute related to this, then to which authority dispute is reffered to?

 

2. If during pending registration of brand, any dispute arises related to it then what is the method to resolve it?

 

3. As already discussed, it does not matter whether the brand is owned by company or Trust. In case of dispute, if the brand is owned/applied by trust( Object-charitable purpose) then does it mean that while settling any dispute, the dispute resolving authority will give preference to Trust because of its charitable object. AM I RIGHT?

 

Regards

Hinna Garg


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register