Trademark Law

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Trademarks
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Introduction

• A trademark is a sign capable of distinguishing
  the goods or services of one enterprise from
  those of other enterprises- WIPO
• It confers upon the holder, an exclusive right to
  use a word or device to distinguish his products
  from those of others.
• Section 2(1) (zb) of the Trade Marks Act, 1999
  defines a trademark as a mark capable of being
  represented graphically and which is capable of
  distinguishing the goods or services of one
  person from those of others.
• Section 2(1)(m) defines a mark as a device,
  brand, heading, label, ticket, name, signature,
  word, letter, numeral, shape of goods, packaging
  or combination of colours or any combination
  thereof.

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Essentials of a Trademark

• It must be a mark.
• It must be capable of being represented
  graphically.
• Graphical representation - Rule 2(1) (k) of
  Trademark Rules, 2017 as representation of a
  trademark for goods or services represented or
  capable of being represented in paper form and
  include representation in digitized form.
• It must be capable of distinguishing good and
  services of one person from those of others.
• It should be used or proposed to be used mark in
  relation to goods or services.

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Types of Trademarks
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Unconventional trademarks

• Unconventional trademarks are those trademarks
  which get recognition for their inherently
  distinctive feature.

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Trademark Classes in India
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Trademark Registration

• Trademark application can be filed under the
  Chapter III of the Trademark Act,1999.
• Statutory protection of trademark rights in India
  is administered by the Office of the Controller
  General of Patents, Designs and Trade Marks, a
  government agency which reports to the Department
  of Industrial Policy and Promotion, under the
  Ministry of Commerce and Industry.

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Registrability of a Trademark

• Once a trademark reaches the examination stage,
  objections may be raised on two grounds absolute
  and relative. The Absolute and Relative grounds
  for Refusal of a Trademark have been provided
  under Section 9 and 11 respectively.

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Registrability of Trademark
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Benefits of Trademark Registration
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Thank You