Hi
Please tell me the pros and cons if:
- a brand is owned by a pvt ltd. company or
- a brand is owned by a TRUST
Please reply. its Very very urgent. i have no idea about the same.
Regards
Hinna Garg
Suman Khurana (Company Secretary) 21 May 2009
Hi
Please tell me the pros and cons if:
Please reply. its Very very urgent. i have no idea about the same.
Regards
Hinna Garg
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
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.
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