Sir/madam, I have started a small retail grocery store at my locality in Tinsukia district of Assam. I have done a trade mark registration for the same but have not formed any company. I am thinking to keep readymate packings for cereals and pulses according to diferent weights and keeping a electronic weighing balance so that customers can varify its weight by themself whenever they wants. For this purpose i just bought a plastic sealer machine and electronic balance. But know i just hear from different people that i need to take permission from weight and measurement depertment separatly and without it i cant make readymate pack for same. So sir/ madam kindly suggest me is it mendatory for me to take permission from the concern depertment.
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Can i use my trade mark name on it.
1. Though it is mandatory to get such permission from the concerned department, it is hardly done
2.Only the big companies having pan Indian presence and who publicize a lot over electronic media for its products have got such permission.
3. You being a small time local company can afford to ignore such permission.
Can i use my tradmark name while making the readymat packtets just for publicity.
The Legal Metrology (Packaged Commodities) Rules, 2011
1) the name and address of the
manufacturer, or where the manufacturer is not the packer, the name and address of the
manufacturer and packer and for any imported package the name and address of the importer
shall be mentioned on every package.
2) The month and year in which the commodity is manufactured or pre-packed or imported shall
be mentioned in the package
3) The net quantity, in terms of the standard unit of weight or measure, of the commodity
contained in the package or where the commodity is packed or sold by number, the number of
the commodity contained in the package shall be mentioned
4) the retail sale price of the package;
5) In declaring the net
quantity of the commodity contained in a package, the weight of wrappers and materials other
than the commodity shall be excluded.—
6) No wholesale dealer or
retail dealer or importer shall sell, distribute, deliver, display or store for sale any commodity in
the packaged form unless the package complies with in all respects, the provisions of the Act and
these rules
7) the Director, Controller or any Legal Metrology
Officer empowered to inspect under section 15 of the Act
the authorized person may examine the packages and carry out the tests at the premises of the
manufacturer or where the manufacturer is not the packer, of the packer and when he carries
out such examination or tests, he shall draw samples from such lot of packages,
8) - (1) Every individual, firm,
Hindu undivided family, society, company or corporation who or which pre-packs or imports any
commodity for sale, distribution or delivery shall make an application, accompanied by a fee of
rupees five hundred, to the Director or the Controller for the registration of his or its name and
complete address;
Yes, you use trademark. registration of trademark is not compulsory.
1. Every W&M used by the dealer is stamped by the W&M Department after due verification, with a special seal indicating the identification of Inspector and quarter in which it is verified. The validity of such stamped weights is two years whereas in the case of Counter/Beam/Electronic Balances/Platform scale it is one year. Dispensing unit, weigh bridge verification certificate is issued to the user which is required to be displayed at conspicuous place by the trader/user.
2. Controller, W&M is the competent authority to grant the licence. The applicant can submit his application for grant of licence to the Zonal Officer of the concerned district.
3. Whoever, being required to present any weight or measure for verification or re-verification, omits or fails without any reasonable cause to do so, shall be punished with fine which may extends to five hundred rupees and such weight or measure can be seized on inspection.
kindly suggest me is it mendatory for me to take permission from the concern depertment.
Department issues licence to the manufacturer, dealer and repairer of Weights & Measures and for dealing in weights & measuring instruments, the licence is a must. Every W&M used by the dealer is stamped by the W&M Department after due verification, with a special seal indicating the identification of Inspector and quarter in which it is verified. The validity of such stamped weights is two years whereas in the case of Counter/Beam/Electronic Balances/Platform scale it is one year. Dispensing unit, weigh bridge verification certificate is issued to the user which is required to be displayed at conspicuous place by the trader/user.
Can i use my trade mark name on it.
If you have an approved and own trade mark, you can very well affix the same on the cover of the packed commodity
Can i use my tradmark name while making the readymat packtets just for publicity.
Yes, you can use your own trademark for the purpose of canvassing your business or even mobilizing support to your business.