Copyright or trademark? for restricting use of a name for commercial purposes

Tilak Marg Forum for Legal Questions Forums Intellectual Property Copyright or trademark? for restricting use of a name for commercial purposes

This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 1 year ago.

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  • #1350

    Anonymous
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    I want to use a specific name (set of characters) for my business. I want that this specific name should not be used by any other person for any commercial purposes – whether for profit or for non-profit. What should I do for putting such restrictions? Should I register it as a copyright or as a trademark? Please reply.

  • #1351

    What you need to do is to register a trademark for restricting its use by others. Trademarks are registered under the Trademarks Act, 1999, and the word “trade mark” is defined in this Act in Section 2 as under:

    “(zb) “trade mark” means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours; and—

    (i) in relation to Chapter XII (other than Section 107), a registered trade mark or a mark used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right as proprietor to use the mark; and

    (ii) in relation to other provisions of this Act, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right, either as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark;”

    And, the word “mark” used in the above definition is itself defined in Section 2 of this Act as under:

    “(m) “mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof;”

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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