#BulletinBoard – July 03, 2019 (Bombay High Court: Plaintiff can claim for interim injunction even in the pendency of registration of assignment of Trademarks)
Bombay High Court: Plaintiff can claim for interim injunction even in the pendency of registration of assignment of Trademarks
In the case of Royal Dryfruit Range v. Royal Suvidha, the Bombay High Court held that a claim for interim injunction can be brought by a party whose registration of assignment of trademark is pending.
Assignment of trademark is said to be done when the owner of the trademark transfers all the rights associated with the ownership to someone else. Once the assignment is completed, the new owner i.e., the assignee, has to apply to the Registrar of Trademarks for registration of title.
The plaintiff is the assignee of a registered trademark “ROYAL DRYFRUIT RANGE”. The defendants filed for a trademark “ROYAL SUVIDHA” earlier in 2019, giving the impression to general public that they are an extension of the plaintiffs. The defendants claimed that the plaintiff had not registered the assignment of trademark which is required by the law as per Section 45 of the Trademarks Act, 1999 therefore, he has no right over it.
The Court rejected this argument and held that even if the registration of assignment under Section 45 is pending, the person would not lose their right over the trademark.
This judgment reinforces the right of assignee of a trademark. It is usually the case that an assignee of a trademark has bought the trademark after paying some consideration for the same, hence, assignees should be allowed to exploit the mark that they have purchased. An assignment once done by virtue of a valid and legally enforceable assignment deed is a valid assignment and an assignee should not be prohibited from enjoying his exclusive mark till the time the registration under Section 45 is pending.
Tamil Nadu Government allows online transactions for application under Tamil Nadu Contract Labour (Regulation and Abolition) Rules, 1975
Tamil Nadu government issued a notification amending the Tamil Nadu Contract Labour (Regulation and Abolition) Rules and allowed online payment through online portal of Directorate of Industrial Safety and Health along with the earlier methods of submission of application, personally delivering or sending by registered post.
The Government also amended the Tamil Nadu Contract Labour (Regulation and Abolition) Rules for Enhancement of Registration Fees and Licensing Fees and significantly increased the registration fees required to be paid for the grant of certificate of registration of an establishment as well as renewal of such certificate for employing workmen on contractual basis on any day. The amendment also increases the validity of the registration which shall now be valid for 2 consecutive calendar years from the year in which the license was renewed.
Delivering the application form along with payment in person does become cumbersome. The Tamil Nadu government in allowing the payment through online portal has made it easier for the establishments to complete the payment on time and comply with the rules.
The significant increase in the registration fees was required as the earlier required fees were quite low in today’s date to ensure welfare of the contract labourers.
Disclaimer: This post has been prepared for informational purposes only. The information/or observations contained in this post does not constitute legal advice and should not be acted upon in any specific situation without seeking proper legal advice from a practicing attorney.