TRADE MARK FAQ FOR RKF
WHO ARE WE?
‘RKF’ is the official Fan club/Forum of the actor Rajeev Khandelwal, authorised by the actor himself & managed by his ardent followers. We are a non-profit organisation, who work to provide genuine & latest information and help the fans to reach Rajeev Khandelwal.
WHAT WE DO?
Provide you with most of the authentic information about Rajeev as much as possible.
Provide with all the latest videos/pictures of Rajeev as much as possible.
Help fans reach Rajeev Khandelwal, whenever possible.
RKF is a non-profit website, and does not involve in any monetary transactions of any kind.
All the videos and pictures posed on the website are purely for the fans. We do not intend to infringe on copyrights of the owners.
WHAT IS A TRADEMARK?
Trademark, according to The Trade Marks Act, 1999, is a mark used in relation to goods or services so as to indicate a connection in the course of trade between the goods or services and some person having the right as proprietor to use the mark.
In simple language, it is a mark that distinguish the goods of services of the owner from others & at the same time, it protects the trademark owner’s trade and business which is attached to the trademark.
WHAT IS RKF TRADEMARK?
‘RKF’ is registered in class 41, under The Trade Marks Act, 1999, which gives it the right to carry out its business as a fan/entertainment forum.
WHO CAN USE RKF TRADEMARK?
The rights to the use of ‘RKF’ trademark is restricted to the Miss. Farheen Shaikh. No other person, is allowed, to use the same without a prior, written permission from the owner of the trademark.
WHEN CAN YOU USE THE RKF TRADEMARK?
‘RKF’ trademark can be use by an unauthorised person only to refer to or describe genuine RKF services or product.
WHEN CAN YOU USE THE RKF LOGO?
‘RKF’ logo can be used only to refer to or describe the genuine RKF services. If you want to include RKF logo in your blog, forum, website or any such place, it should be used such that the logo should link to our website- www.rajeevkhandelwalfandom.in
WHAT IS INFRINGEMENT ON TRADEMARK?
Infringement of trademark means violation of the exclusive rights granted to the registered proprietor under the Trade Mark Act, 1999, to use the same in relation to goods and services in respect to which the trademark is registered.
WHAT COUNTS AS THE INFRINGEMENT OF TRADEMARK?
Section 29 of the Trade Mark Act, 1999, provides that a registered trademark is infringed when a person, not being the registered proprietor or licensee, uses in course of trade;
I) A mark which is identical to the registered trademark, in a manner that can create confusion to the general public, in this case you cannot use a name which is identical to ‘RKF’
II) A mark which is similar to the registered trademark, in a manner that can create confusion to the general public, in this case you cannot use a name which is similar to ‘RKF’
III) A mark which is similar to the registered trademark and there is similarity of goods or services covered by the trademark, in this case you cannot use the name ‘RKF’ to carry out any business similar to ‘RKF’
IV) A mark which is similar to the registered trademark, having a reputation in India, even if there is no similarity of goods or services covered by the trademark, in this case you cannot use a name which is similar to ‘RKF’ even if you are in a different trade or line of business.
V) The registered trademark as his trade name or a part of his trade name or the name of his business or part of the name of his business concern dealing in goods or services in respect of which the trade mark is registered & if, in particular, he—
(a) affixes it to goods or the packaging thereof;
(b) offers or exposes goods for sale, puts them on the market, or stocks them for those purposes under the registered trade mark, or offers or supplies services under the registered trade mark;
(c) imports or exports goods under the mark; or
(d) uses the registered trade mark on business papers or in advertising
VI) The use of the registered trademark in advertising, when such use take unfair advantage, is detrimental or against the reputation of registered Trademark
WHAT ARE THE GOODS AND SERVICES IN RESPECT TO RKF?
All the content created, developed and shared by ‘RKF’ in the form of text, graphics, pictures or videos are the property or RKF and are considered as the ‘goods’ in respect to the provisions of the Act.
WHAT HAPPENS IF YOU VIOLATE RKF’S TRADEMARK POLICIES?
‘RKF’ is protected under the Trade Mark Act, 1999, the offences under the Act are Cognizable, and under section 135 of the act, the offenders can be prosecuted in the court of law and may be subjected to imprisonment for a term of not less than six months and up to three years or a fine can also be levied to an amount of not less than rupees fifty thousand to a maximum of rupees two lakhs or both.