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Lawkari - Trademark Basics

A trademark is a distinctive sign used to identify the source of products or services and maintain ownership rights, governed by the Trademark Act of 1999 in India. The act allows for the registration of service marks, multiclass applications, and has a validity of 10 years. It also defines well-known marks, collective marks, certification marks, and unconventional marks, and outlines the filing process and fees under the Trade Mark Rules 2017.

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Neha Tiwari
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2 views11 pages

Lawkari - Trademark Basics

A trademark is a distinctive sign used to identify the source of products or services and maintain ownership rights, governed by the Trademark Act of 1999 in India. The act allows for the registration of service marks, multiclass applications, and has a validity of 10 years. It also defines well-known marks, collective marks, certification marks, and unconventional marks, and outlines the filing process and fees under the Trade Mark Rules 2017.

Uploaded by

Neha Tiwari
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Introduction to Trade marks

What is a Trade mark?

▪ It is mark for your trade


▪ It is branch of Intellectual Property that permits people to maintain their
ownership rights

Name

Word

Signs/Colors

Any unique
differentiation
What is a Trade mark?

➢ A trademark is represented by the symbol TM or ® mark is a distinctive


sign or indicator of some kind which is used by an individual, business
organization or other legal entity to identify uniquely the source of its
products and/or services to consumers, and to distinguish its products
or services from those of other entities.
Trademark act 1999
➢ The Trade and Merchandise Act, 1958 was revised by the latest
Trademark Act of 1999. The main purpose of this act was to improve
trading and commercial practices and develop the globalization of
trade and industry. The Trademark Act, 1999 was governed by the
Trademark Rules of 2002 but now governed by the Trade Mark Rules
2017

Provides registration for service marks

Enables filing of multiclass trademark applications

Validity is 10 years

Filing date 10 years Expiry date


Essential Features of Trademark
It must be a mark that is a device, brand, heading, label, ticket, name or
an abbreviation of a name, signature, word, letter or numeral shape of
goods, packing or combination of colors or any combination thereof

It must be capable of being represented graphically

It must be capable of distinguishing the goods or services of one person


from those of others

The use must be of a printed or other visual representation of the mark.

In relation to services, it must be the use of the mark or availability or


performance of services.
Well Known Marks
➢ Well-known trademarks are ‘special trademarks’, which are defined in
Section 2(zg) of The Trademark Act ,1999.

➢ The section defines Well-known trademarks as, ‘marks of companies


that have become so substantial to a section of the public that uses
such goods or receives services from those companies, that the use of
that mark while using other goods or services would also be taken as a
connection with the company that renders such goods or services.’

IPR Learning Institute


Collective Marks
➢ A collective mark is a trademark used by the members of a collective to
indicate membership in the group or to identify and distinguish the products
and services of members from those of the non-members. The mark may be a
word, symbol, or group of words.

➢ The owner of such marks may be an association/public


institutions/cooperative.

➢ “CA” is used by the members who are a part of the Institute of Charted
Accountants, or “CPA” denotes members of the Society of Certified Public
Accountants.
Certification Marks
➢ Certifies the nature or origin of the goods or services to which it has
been applied.

➢ Includes the region or location or origin, materials of construction,


method or mode of manufacture or provision, quality assurance,
accuracy of the goods or services or any definable characteristic of the
goods or services.
Unconventional marks

COLOR MARK SOUND MARK SHAPE MARK

➢ Some of the sound marks registered in the U.S are:

➢ Tarzan's yell
➢ Merrie Melodies theme song
Trademark filing in India - First Schedule:-
Trade Mark Rules 2017
➢ Application for registration of a trademark /collective Marks /
Certification Mark / Series of trademark for specification of goods or
services included in one or more than one classes. (FORM TM-A)

Physical filing E-filing


Individual / Start- 5,000 4,500
up/Small Enterprise
In all other cases 10,000 9,000

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