Trademark Registration

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TRADEMARK REGISTRATION

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Trademark

• A trademark is a visual symbol, which may be a
  word, name, device, label or numeral used by a
  business to distinguish its goods or services
  from other similar products or services
  originating from a different business.
• A trademark is a protectable asset under Indian
  laws and regulations.
• To protect a trademark from being copied by
  others, the inventor of the word or symbol must
  apply for trademark registration with the office
  of Controller General of Patents Design and
  Trademarks.
• The process for trademark registration has
  various steps and it is essential to hire an
  expert for trademark filing to maximise chances
  of registration.

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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 Mark Act,
  1938.
• In 1958, the Trade and Merchandise Marks Act,
  1958 was enacted which consolidated the provision
  related to trademarks contained in other status
  like, the Indian Penal Code, Criminal Procedure
  Code and the Sea Customs Act.
• The Trade and Merchandise Marks Act, 1958 was
  repealed by the Trade Mark Act, 1999 and is the
  current governing law related to registered
  trademarks. The 1999 Act was enacted to comply
  with the provision of the TRIPS (Agreement on
  Trade Related Aspects of Intellectual Property
  Rights)
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• 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.
• According to Section 2 (zb) of the Trade Marks
  Act, 1999, Trademark means a mark capable of
  being represents graphically and which is capable
  of distinguishing the goods or services of one
  person from those of others and may include shape
  of goods their packing and combination of
  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 combination.

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Trademark Classification in India

• Trademark in India is classified in about 45
  different classes, which includes chemical
  substances used in industry, paints, lubricants
  machine and machine tools, medical and surgical
  instruments, stationary, lather, household,
  furniture, textiles, games, beverages preparatory
  material, building material, sanitary material,
  and hand tools, other scientific and educational
  products.
• These classes again are further sub-divided. The
  main objective of trademark classification is to
  group together the similar nature of goods and
  services.

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THANK YOU

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