scholarly journals Provisional Measures of Trademark Enforcement in Pakistan: A Comparative Analysis with Malaysia and USA

2021 ◽  
Vol 4 (1) ◽  
pp. p7
Author(s):  
Sohaib Mukhtar ◽  
Zinatul Ashiqin Zainol ◽  
Sufian Jusoh
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
United States Of America ◽  
World Trade ◽  
Qualitative Method ◽  
Trademark Law ◽  
Goods And Services ◽  
Administrative Procedure ◽  
Injunctive Relief ◽  
Prompt Action

Trademark is mark, name, sign, smell or a sound distinguishes goods and services of one undertaking from goods and services of other undertakings. It is required to be distinctive and non-descriptive. It losses its distinctiveness when registered owner of trademark does not take prompt action against its infringement. Provisional Measures of trademark enforcement is a measure initiated by the owner of trademark during civil or administrative procedure of trademark enforcement to prevent further counterfeiting of his trademark and to protect evidence he relies upon during civil or administrative procedure of trademark enforcement. Provisional Measures of trademark enforcement in member states of World Trade Organization (WTO) must be expedient, adequate, fair, equitable, and must not be complicated, costly and time consuming. Provisional measures of trademark enforcement is a civil procedure where owner of trademark may ask the Court to prevent counterfeiter from trademark counterfeiting. This study is qualitative method of research a comparative analysis of provisional measures of trademark enforcement in Pakistan, Malaysia and USA. After a comparative analysis of provisional measures of trademark enforcement in Pakistan, Malaysia and USA, it is found that Lanham Trademark Act 1946 is comprehensive trademark law of United States of America (USA) prescribed grounds to grant and refuse to grant injunctions to prevent trademark counterfeiting. It is also found that there is a requirement in Lanham Trademark Act 1946 for a person against whom injunctive relief is passed to submit report in writing about manner and method of compliance with injunction order. These findings are required to be prescribed in trademark law of Pakistan for betterment of provisional measures of trademark enforcement.

scholarly journals Administrative Procedure of Trademark Enforcement in Pakistan: A Comparative Analysis with Malaysia and USA

2019 ◽  
Vol 2 (1) ◽  
pp. p113
Author(s):  
Sohaib Mukhtar ◽  
Zinatul Ashiqin Zainol ◽  
Sufian Jusoh
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
Intellectual Property ◽  
Administrative Authority ◽  
Goods And Services ◽  
Administrative Procedure ◽  
The People ◽  
Trademark Registration ◽  
Prompt Action ◽  
Similar Kind

Trademark is one of the component of Intellectual Property (IP). It is a mark, name, sign, smell or a sound which distinguishes goods and services of one undertaking from goods and services of other undertakings. It is required to be distinctive and non-descriptive. It losses its distinctiveness when registered owner of trademark does not take prompt action against its infringement. Trademark enforcement procedures including administrative procedure must be expedient, adequate, fair, equitable, and must not be complicated, costly and time consuming. Administrative procedure starts when application for trademark registration is opposed by the registered trademark owner before the concerned administrative authority. Trademark registration authorities are: (i) Trademark Registry under Intellectual Property Organization of Pakistan (IPO-Pakistan) in Pakistan, (ii) Intellectual Property Corporation of Malaysia (MyIPO) in Malaysia, and (iii) United States Patent and Trademark Office (USPTO) in United States of America (USA). The registered owner of trademark may apply before the concerned administrative authority against the registration of identical trademark by adopting administrative procedure of trademark enforcement. This study is qualitative method of research a comparative analysis of administrative procedure of trademark enforcement in Pakistan, Malaysia and USA. After a comparative analysis of administrative procedure of trademark enforcement in Pakistan, Malaysia and USA, it is found that there are only three IP Tribunals in Pakistan and there is a need of more IP Tribunals which is required to give its decision within 90 days resultantly saves time and money of the people. It is also found that there is Trademark Trial and Appeal Board at USPTO, where appeal against decision of the Registrar may be filed by the aggrieved party thus a similar kind of body is required to be established at Trademark Registry in Pakistan. Furthermore, IP experts should be hired at IP Tribunal and at Trademark Registry for smooth implementation of administrative procedure of trademark enforcement in Pakistan.

scholarly journals Civil Procedure of Trademark Enforcement in Pakistan: A Comparative Analysis with Malaysia and USA

2019 ◽  
Vol 3 (2) ◽  
pp. 95
Author(s):  
Sohaib Mukhtar ◽  
Zinatul Ashiqin Zainol ◽  
Sufian Jusoh
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
Intellectual Property ◽  
The United States ◽  
Civil Procedure ◽  
District Court ◽  
Registered Trademark ◽  
Goods And Services ◽  
Civil Suit ◽  
Prompt Action

<em>Civil procedure of trademark enforcement runs in Pakistan under Trade Marks Ordinance 2001, Code of Civil Procedure 1908 and Specific Relief Act 1877. Trademark is one of the components of Intellectual Property Law, it is a mark, name, sign, smell or a sound which distinguishes goods and services of one undertaking from goods and services of other undertakings. It is required to be distinctiveness and non-descriptive, it losses its distinctiveness when owner of registered trademark does not take prompt action against its infringement. The registered trademark owner may file civil suit against infringement of his registered trademark before the concerned District Court of Law for claiming damages and obtaining injunctions. The Trademark Registry works under Intellectual Property Organization of Pakistan (IPO-Pakistan) for registration and protection of trademarks in Pakistan. Similarly, Intellectual Property Corporation of Malaysia (MyIPO) is empowered agency of trademark registration and its protection in Malaysia. The United States Patent and Trademark Office (USPTO) is responsible for registration and protection of trademarks in United States of America (USA). Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) is the only International Treaty which contains exhaustive provisions on trademark enforcement includes civil procedure, administrative procedure, criminal procedure, provisional and border measures. Important civil procedure of trademark enforcement issues need to be clarified in trademark law of Pakistan includes trademark infringement, trademark dilution and rectification of trademark register. This article is comparative analysis of civil procedure of trademark enforcement in Pakistan, Malaysia and USA.</em>

United States Of America (‘.us’)

2015 ◽  
Author(s):  
William R Towns
Keyword(s):  
United States ◽  
United States Of America ◽  
The United States ◽  
The Other ◽  
Trademark Law ◽  
The Public ◽  
Goods And Services ◽  
Trademark Infringement ◽  
Likelihood Of Confusion ◽  
The One

The standard for trademark infringement in the United States is ‘likelihood of confusion’. Under this standard trademark infringement occurs when, dependent on the attendant circumstances, two parties’ use of the same or similar mark with related goods and services would be likely to cause the public mistakenly to believe: (1) that the goods and services emanate from the same source; or (2) that the parties are in some manner affiliated or that the goods and services of one party have the sponsorship, endorsement, or approval of the other party. In either case, trademark law aims to protect the public from deceit, and to prevent the diversion of reputation and goodwill from the one who has created it to another who has not.

scholarly journals Editorial Comments

2001 ◽  
Vol 6 (3) ◽  
pp. 2
Author(s):  
Antoinette Gmeiner
Keyword(s):  
United States ◽  
United States Of America ◽  
Full Text ◽  
World Trade ◽  
Terrorist Attack ◽  
The United States ◽  
The World

The world is still devastated by the horror terrorist attack on the United States of America and the loss of lives of thousands of people, as well as the loss of the 266 people aboard the four planes that crashed into the World Trade Centre, the Pentagon and near Pittsburgh. OpsommingDie wêreld is nog in skok oor die geweldadige terroriste aanval en die verlies van duisende lewens, insluitend die verlies van die 266 mense aanboord die vier vliegtuie wat in Amerika neergestort het. *Please note: This is a reduced version of the abstract. Please refer to PDF for full text.

scholarly journals International Monetary Fund

1962 ◽  
Vol 16 (3) ◽  
pp. 619-631 ◽  
Keyword(s):  
United States ◽  
International Monetary Fund ◽  
World Trade ◽  
The United States ◽  
Fiscal Year ◽  
Industrial Countries ◽  
Private Goods ◽  
Goods And Services ◽  
Sharp Growth ◽  
High Level

The sixteenth annual report of the Executive Directors of the International Monetary Fund for the fiscal year ending April 30, 1961, was transmitted to the Chairman of the Board of Governors on June 23, 1961, by Mr. Per Jacobsson, Chairman of the Executive Board. The report stated that in contrast to the year 1959, when virtually all countries had participated in world-wide expansion, the year 1960 and early part of 1961 had presented a less unified picture. For the world as a whole, the expansionary elements had considerably outweighed the contractionary elements. World industrial production, excluding the countries of the Soviet area, had been almost 6 percent greater in 1960 than in 1959, having grown by 10 percent; and the value of world trade had increased by 12 percent, compared with 6 percent in 1959. The stimulus for the rise in world trade had come predominantly from the booming European industrial countries and from Japan, which had increased their imports by nearly 20 percent; there had been a slight decline in imports from the United States and Canada. The imports of the less-industrialized countries had also increased considerably, by some 10 percent. Trade developments during 1960 had improved the basic international payments situation in some respects. Rising exports and slightly declining imports caused an increase in the surplus of private goods and services account in the United States. West Germany's surplus also increased, while France's remained stationary; decreases had been noted in several other industrial countries, in particular Japan and Italy, where the rate of economic expansion had been exceptionally high, and in the United Kingdom, mainly due to the sharp growth of imports associated with their high level of economic activity.

scholarly journals Sati tradition its origin and change as reflected in Around the World in 80 Days: A sociological approach

2021 ◽  
Vol 2 ◽  
pp. 210
Author(s):  
Zakiyyah Attasyriky ◽  
Hendra Darmawan
Keyword(s):  
United States ◽  
Law Enforcement ◽  
United States Of America ◽  
Research Method ◽  
Qualitative Method ◽  
Moral Values ◽  
The Novel ◽  
Sociological Approach ◽  
The World ◽  
Government Authority

This research aims at investigating the main character's disobedience toward Sati tradition in Around the World in 80 Days: a Sociological Approach. The research method used in this research is a descriptive qualitative method so the researcher analyzes the data in this research through description. There are two main results of this research. First, the main character’s disobedience toward Sati tradition are (1) the main character’s disobedience in India Forest (being displeased with government authority, hope of reform); (2) the main character’s disobedience in Calcutta (law enforcement); (3) the main character’s disobedience in United States of America (injustice occur). Second, the moral values can be taken from the novel are divided into positive and negative values.

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