2024 Namibian case law on trademark invalidation

Namibian case law on trademark invalidation

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August undefined, 2024

Witryna9 cze 2024 · We filed invalidation action against the disputed mark on December 7, 2024. In the invalidation, we mainly argued that: 1) The disputed mark is "similar marks over similar goods" with compared to Cited Marks 1-4, in violation of Article 30 of the PRC Trademark Law; 2) The disputed mark is a copy and an imitation of the client's … WitrynaTrademark protection ensures that the owners of marks have the exclusive right to use them to identify goods or services, or to authorise others to use them in return for payment. The period of protection varies, but a trademark can be renewed indefinitely upon payment of the corresponding fees.

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Witryna8 maj 2014 · Invalidation is the legal procedure which allows anyone to try and remove a trade mark from our register as if it had never been registered From: Intellectual Property Office tripod construction lights

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN NAMIBIA …

Witryna29 lip 2013 · The Namibian judge relied heavily on South African law. He quoted from the South African case of Adcock-Ingram Products Ltd v Beecham SA (Pty) Ltd 1977 (4) SA 434 (W) , where passing off was explained as follows: ' The plaintiff must prove in the first instance that the defendant has used or is using in connection with his own … http://www.namibia-law.com/ WitrynaSection 179 5 stipulates the following: (1) Any interested person may apply to the Tribunal for the invalidation of the registration of a trade mark on the ground that the requirements of section 131, 137 or 138 have not been … tripod cooking stand

Passing Off In Namibia - Trademark - Namibia

Visser v Minister of Finance and Others (2) (SA 89 of 2014

WitrynaGrounds for trademark invalidation in Namibia In light of Namibia, our procedure on invalidation is brought forth in Section 179 (1) which maintains that; any interested party may apply to the Tribunal for the invalidation of the registration of a trade mark provided that there are clear objective grounds that exist for such an invalidation as … WitrynaIn this respect the deponent submits that the applicant‘s existing vested common law rights in its NAMCHAR trade mark in Namibia, as well as the fact that it being hampered to have its Namibian subsidiary change to its trade mark are sufficient factors to render the applicant an interested person. tripod cooking over campfireWitryna12 gru 2024 · [33] One can contrast the limited scope of s 34(1)(a) in protecting the trade mark as a ‘badge of origin’ to other sections of the Trade Marks Act.In Verimark, the Court was called upon to consider infringement under s 34(1)(d), the ‘anti-dilution’ clause, which it held to be wider.It stated as follows in respect of this section: ‘ Contrary to … tripod construction

"Witrynamade the provisions of Act 9 of 1916 relating to trademarks applicable to South West Africa. These portions of the Act were subsequently replaced by the Trade Marks Act 62 of 1963(RSA GG 540) in South Africa, and by the Trade Marks in South West Africa Act 48 of 1973(RSA GG 3913) in South West Africa. " - Namibian case law on trademark invalidation

Namibian case law on trademark invalidation

Namibia - African Regional Intellectual Property …

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Witryna27 lut 2024 · It is stipulated in article 45, paragraph 1 of the Trademark Law that, “where a registered trademark stands in violation of the provisions of articles 13.2 13.3, 15, 16.1, 30, 31, and 32 of this law, any prior rights holder or interested party may, within five years from the date of registration of the trademark, file a request with the TRAB ... WitrynaInvalidation is the legal procedure to cancel a registered trade mark. The applicant may assert that the registered trade mark is invalid on either absolute or relative grounds and an application ...

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WitrynaHow shall a trademark invalidation request be filed? The request for invalidation of trademark registration shall be filed at the Patent Office of Republic of Bulgaria in one of the following ways, namely: directly, by mail, fax, or electronically through … WitrynaAccording to Section 138 (1) a trademark can be invalidated if it is identical with or confusingly similar to, or it or an essential element thereof constitutes a reproduction, imitation or a translation of, a trade mark which is entitled to protection under the Paris Convention as a well-known trade mark and which is well known in Namibia, if …

WitrynaPJ de Beer Legal Practitioners located in Windhoek, Namibia, focusing on Labour Law Online source of Namibian Labour Law, including Labour court reports, comments and general information pertaining to Namibian Law

Witryna6 kwi 2024 · The alleged damages or losses suffered by the appellant exceed N$9 million. The compensation payable by the Fund is however capped pursuant to Regulations published by the Minister resulting in appellant not being able to recover all his damages or losses from the Fund. tripod currysWitryna13 paź 2014 · The decision to revoke Article 42(c) has caused uncertainty where cancellation or invalidation of a trademark is sought because the trademark has not been put to use within five years of... tripod crutch gaitWitryna6 lis 2024 · The court found that there had been infringement of the second plaintiff's trademark LANDOR and that any prior use of the mark by the defendants was not bona fide since it was very likely that the third defendant was … tripod data systems softwareWitrynaA trademark invalidation is an inter-partes proceeding in which a party has a legal interest in the result can null a trademark registration under Article 46 of the Trade Mark Law. If the registration is less than five years old, the party challenging the trademark rights can rely on any ground that could have prevented registration initially. tripod crest planinghttp://www.saflii.org/za/cases/ZAGPJHC/2024/499.html tripod cyber mondayWitryna12 lip 2024 · January 22, 2024. In the recent Singapore High Court case of Louis Vuitton Malletier v Megastar Shipping Pte Ltd [2024] SGHC 305, the Court held that a freight forwarder who was unwittingly sent counterfeit goods into Singapore for transshipment was not liable for trademark infringement. The case concerned two shipments from … tripod decathlonWitrynaLaw of Namibia. Namibia has a 'hybrid' or 'mixed' legal system, [1] formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which … tripod crest northampton