Trademark

Trademark/Service mark
• A trademark is a word, phrase, symbol, and/or
design that identifies and distinguishes the
source of the goods of one party from those
of others.
• A service mark is a word, phrase, symbol,
and/or design that identifies and distinguishes
the source of a service rather than goods.
• The term “trademark” is often used to refer
to both trademarks and service marks.
Examples of Trademark
• A trademark in relation to goods conveys to
the general public and specifically to the
consumers about the origin and quality of
those goods, thereby acquiring reputation in
the course of business and time.
• Therefore the concept of a trademark is the
foundation of one’s business to distinguish
from others.
• A good trademark is often the best salesman
of the goods and is a visual symbol of goodwill
and stamp of quality.
HISTORY OF TRADEMARK
 Trademark laws in India
• In 1940 the then British Government of India
passed the Trade Marks Act for uniform and
systematic registration of trade marks in India,
which came into force on June 1, 1942.
• The Trade and Merchandise Marks Act, 1958,
which came into effect from November 25,
1959, replaced it.
• Trade Mark Act, 1999, repealed the old Act.
WHAT KIND OF TRADE MARKS CAN BE
REGISTERED?
• The name of a company, individual or firm
represented in a particular or special manner;
• The signature of the applicant for registration;
• One or more invented words;
• One or more words having no direct reference to
the character or quality of the goods except the
exceptions listed in the next section;
• Any other distinctive trade mark; and
• A trade mark which has acquired distinctiveness
by use over a prolonged period of time.
 INDIAN TRADE MARK ACT, 1999: SALIENT
FEATURES
• Inclusion of trade mark for services in the definition of trade mark;
• A new provision for registration of Collective Marks;
• Prohibition of registration of certain marks which are mere reproductions of or
imitations of well known marks;
• Provision for filing a single application for registration in more than one class of
goods and/or services;
• Increasing the term of registration of a trade marks from 7 to 10 years and
providing a grace period of six months for payment of renewal fees;
• Amplification of circumstances in which validity of registration can be contested;
• Vesting the final authority in the Registrar for disposing of application for
registration of Certification Trade Marks;
• Harmonizing penal provisions of the Trade Marks Law with The Copyright Law;
• Provision for establishment of an Appellate Board.