Page 247 - DMGT553_RETAIL_STORE_MANAGEMENT

Retail Store Management

Notes Duration of Registration: The registration of Trade Mark is valid for 10 years. An application
for the renewal of registration of a Trade Mark shall be made on the form along with prescribed
fee at any time not more than 6 months before the expiration of the last registration.
Legal Benefits (Infringement and passing off): In a suit alleging trademark infringement or
passing off, a court may grant an injunction; award damages; direct an account of profits to be
produced; or issue an order requiring delivery of the infringing labels and marks of destruction
or erasure. Additionally, in respect of an infringement or passing off action, a court can grant an
expert injunction along with an interim order for discovery of documents, preservation of
infringing goods or other evidence. Furthermore, the court can restrain the defendant from
disposing of or dealing with assets in a manner which may adversely affect the plaintiff’s ability
to recover damages or avail any other pecuniary remedies that may be finally awarded to the
plaintiff in the suit.
The TM Act has brought in criminal remedies over and above the civil remedies that were
previously available. It has also given more powers to the courts. As a result, applying false
trademarks or trade descriptions and selling goods or providing services with such descriptions
is a cognizable offense under the TM Act. Any police officer, not below the rank of a Deputy
Superintendent of Police or his equivalent, can search and seize the articles bearing infringing
trademarks, labels, etc., without warrant. Further, the TM Act has enhanced the punishment for
these offenses.
An offender can be imprisoned for a term of not less than six months up to a maximum of three
years. Moreover, a fine between ` 50,000 (US $ 1,111) and ` 200,000 (US$4,444) can be levied.
In respect of subsequent offenses, the imprisonment term can be increased to not less than one
year and up to three years, and the fine can be increased to not less than ` 100,000 (US$2,222) and
up to ` 200,000 (US$4,444). However, the court has the discretion to reduce the punishment
below the prescribed minimum.

Self Assessment

Fill in the blanks:
1. .......................... is a legal concept, enacted by governments, giving the creator of an original
work of authorship exclusive rights to control its distribution, usually for 70 years after
the author’s death, after which the work enters the public domain.

2. Copyright is an intellectual property form (like the patent, the trademark, and the trade
secret) applicable to any expressible form of an idea or information that is ..........................
and ..........................

3. A trademark is a sign of ..........................
4. The registration of Trade Mark is valid for .......................... period.

Caselet Legal and Ethical Issues

etailers have realized the advantages of reflecting an ethical sense in business
operations. The organizational environment plays a major role in the kind of
Rethical sense the employees possess. Retailers are trying to ensure that their
employees behave ethically. Though there are many laws influencing the business

Contd....

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