Trademark Registration In Inda

1. TRADEMARK Presentation On

2. Meaning of Trademark A Trademark Registration or trade mark is a distinctive sign or indicator of some kind which is used by an individual, business organization or other legal entity to uniquely identify the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities A trademark is a device which can take almost any form, as long as it is capable of identifying and distinguishing specific goods or services. 

3. A trademark may be designated by the following symbols: • (for an Unregistered Trademark, that is, a mark used to promote or brand goods) •   (for an unregistered Service mark, that is, a mark used to promote or brand services) •   (for a Registered trademark)

4. A Trademark is typically a name, word, phrase, logo, symbol, design, image, sound or a combination of these elements. There is also a range of non-conventional Trademark comprising marks which do not fall into these standard categories, may therefore be visible signs (e.g. colors, shapes, moving images, holograms, positions), or non-visible signs (e.g. sounds, scents, tastes, textures).

5. Indian Trademark law • Indian trademark law provides protection to trademarks statutorily under the Trademark Act, 1999 and also under the common law remedy of Passing Off. • Passing offis a common law tort which can be used to enforce unregistered trademark rights. The tort of passing off protects the goodwill of a trader from a misrepresentation that causes damage to goodwill. • Statutory protection of Trademark is administered by the Controller General Of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion(DIPP), under the Ministry of Commerce and Industry.

6. The law of trademark deals with the mechanism of registration, protection of trademark and prevention of fraudulent trademark. • The law also provides for the rights acquired by registration of trademark, modes of transfer and assignment of the rights, nature of infringements, penalties for such infringement and remedies available to the owner in case of such infringement.

7. HISTORY(Indian Context) • The law of trademark in India before 1940 was based on the common law principles of passing off and equity as followed in England before the enactment of the first Registration Act, 1875. • The first statutory law related to trademark in India was the Trade Marks Act, 1940 which had similar provision like the UK Trade Marks Act, 1938. • In 1958, the Trade and Merchandise Marks Act, 1958 was enacted which consolidated the provisions related to trademarks contained in other statutes like, the Indian Penal Code, Criminal Procedure Code and the Sea Customs Act.

8. The Trade and Merchandise Marks Act, 1958 was repealed by the Trade Marks Act, 1999 and is the current governing law related to registered trademarks. The 1999 Act was enacted to comply with the provisions of theTRIPS(Agreement on Trade Related Aspects of Intellectual Property Rights). • Though some aspects of the unregistered trade marks have been enacted into the 1999 Act, but they are primarily governed by the common law rules based on the principles evolved out of the judgments of the Courts. • Where the law is ambiguous, the principles evolved and interpretation made by the Courts in England have been applied in India taking into consideration the context of our legal procedure, laws and realities of India.

9. TRADEMARK According to Section 2 (zb) of the Trade Marks Act, 1999, “trade mark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and include shape of goods, their packaging and combination o colours.” A mark can include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any such combinations.

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