Trademark Registration in Madurai
Well-known individuals name
A number of factors are likely to have a bearing on how any given name is perceived and whether it is required for descriptive purposes in this way. In the case of literary or artistic figures in the broad cast sense these factors might include:
- The nature and extend of the individuals reputation;
- Whether there any surrounding reasons why a trade in souvenirs etc., may have developed, for instance, because of an individual's strong association with an area or a particular style;
- Whether, in the case of contemporary figures, the individuals established any trademark rights during his or her lifetime;
- Whether any existing trademark in souvenirs, memorabilia etc exists or in case of someone recently decreased can be expected to arise.
- Whether descendants, the estate, trustees or other such body have, through use, established any rights in relation to the name of the individuals (and, if so, whether to the exclusion of others);
- The extent to which the life and works of the individual are kept alive either by general public interest or media coverage etc., in such a way as to generate demand for commercial consumer items;
- The nature of the goods in respect of which trademark registration is sought (see for instance the doubts expressed in the Court of Appeal regarding the applicability of the objection in relation to the class 28 goods of the TARZAN application).
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