trade mark presentation veena mam

8/3/2019 Trade Mark Presentation Veena Mam

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BUSINESS LEGISLATION SEMINAR

TOPIC

TRADE MARKS AND TRADE NAMES

PRESENTED BY,

MINUTHA &

SARASWATHIIII SEM OF MBA

MAHARANIS COLLEGE

SUBMITTED TO,

DR.K.P.VEENA MAM

DEPARTMENT OF MBA

MAHARANIS COLLEGE


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TRADEMARKS AND TRADE NAMES

It deals with good will attached to marketing

symbols, trademarks, trade names or get up by

actual use in relation to some product or service

Examples Reebok, Mc Donalds, Nike, Levis etc.

The Trade Marks law is contained in Trade Marks

Act, 1999


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TRADEMARKS

Trademark is a symbol that indicates who is

responsible for the goods placed in the market

Trademarks help to distinguish between thegoods of competing traders

Trademark helps a customer to buy goods of a

certain quality (e.g. color, size, weight,

fragrance, taste.)


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TRADEMARKS

Trademarks must be clear and distinct from

each other

Trademarks may be in form of a letter,numeral, whole sentence, picture,

combination of words and devices, label etc.

Trademark may also be three-dimensional

(e.g. neck of bottle)


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TRADE NAMES

Trade names are names, terms or designationsthat serve to identify and distinguish anenterprise and its business activities fromth

ose of other enterprise and its business

activities

Whereas the trademark distinguishes thegoods or services of an enterprise, a trade

name identifies the entire enterprise andsymb

olizes the reputation and goodwill of the

business as a whole.


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TRADE NAMES

The main reason for protecting trademark andtrade names against infringement is that thepublic might be misled into thinking that two

separate enterprises using same orconfusingly similar trademark or a trade nameconstitute one and the same enterprise

It is not only harmful to the consumers but italso permits the infringing enterprise tobenefit unfairly.


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SERVICE MARKS

Where a trademark is used in connection with

services, it may be called service mark.

Service marks are used by hotels, restaurants,

airlines, tourist agencies, laundries and

cleaners etc.


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TRADE MARKS ACT, 1999

INTRODUCTION

Patents, designs and copyright are protected only

for a limited period. On the other hand, in general,a registered trade mark can be protected inperpetuity subject only to the following conditions:

It is used and renewed periodically and

The registered proprietor takes prompt actionagainst infringers.


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TRADE MARKS ACT, 1999

First TM registered in UK under No. 1 of 1876consisting of red equilateral triangle inrespect of alcoholic beverage is still in force.

The present Trade Marks Act, 1999 hasreplaced the Trade and Merchandise MarksAct, 1958. And the Trade Marks Act, 1999 has

been brought into force only on 15thSeptember 2003. The Trade Mark Rules, 2002are passed under the Trade Marks Act, 1999.


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OBJECTIVES OF THE TM ACT, 1999

A comprehensive review of TM Law wasrequired in view of

Developments in trading and commercial

practicesIncreasing globalization of trade and industry

The need to encourage investment flows andtransfer of technology

Need for simplification & harmonization oftrade mark management systems and

To give effect to important judicial decisions


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TM Act, 1999 was passed with

objectives

a) To provide for registration of trade mark forservices, in addition to goods;

b) Registration of trade marks, which areimitation of well known trade marks, not tobe permitted, besides enlarging the groundsfor refusal of registration;

c) Amplification of factors to be considered fordefining a well known mark;

d) To provide only a single register withsimplified procedure for registration andwith equal rights;


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objectives

e) Providing for registration of collective marks

owned by associations;

f) Providing an Appellate Board for speedy disposal

of appeals ad rectification applications;

g) Providing enhanced punishment for the

offences relating to trade marks;

h) Prohibiting someone elses trademark as part ofcorporate names, or name of business concern;


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objectives

i) Provision for filing a single application for

registration in more than one class;

j) Increasing the period of registration andrenewal from 7 to 10 years;


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HOW TO SELECT A TRADEMARK

If it is a word it should be easy to speak, spell andremember.

The best trade marks are invented words or coined

words. Please avoid selection of a geographical name. No one

can have monopoly right on it.

Avoid adopting laudatory word or words that describe

the quality of goods (such as best, perfect, super etc) It is advisable to conduct a market survey and a search

at Trademark office to ascertain if same/similar mark isused in market.


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MEANING AND DEFINITION OF TM

At times the consumers are duped when theybuy commodities presuming them to haveoriginated from a certain identified source,

when actually they have not, and after buyingsuch commodity it is found to be substandard.

Examples: Parachute Oil, Fair and Lovelycream, Lifebuoy soap etc. have many look-a-likes in the market.


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In such case, the reputation of thetrader/manufacturer suffers if spurious goodsare sold as those originating from him.

Therefore, the interest of consumer and thetrader can be saved if a definite symbol whichmarks out the origin of goods from a definitetrade source is attached. Such symbol is called

a trade mark. E.g. M of Mc Donald written in Yellow in a

peculiar shape is a TM. Such symbol is calledas TM.


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Trade Mark is a visual symbol in the form of-

A word, device or label

Applied to articles of commerce

With a view to indicate to the purchasing publicthat

They are goods manufactured or

Otherwise dealt in by a particular person orparticular organization

As distinguished from similar goods manufacturedor dealt by others


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TM is a visual representation attached to

goods for the purpose of indicating their trade

origin.

Examples: Lakme distinguishes the goods of

Lakme Company from that of Revlon.


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A person who sells his goods under a particulartrade mark acquires limited exclusive right to useof the mark in relation to those goods.

A trade mark may be registered or unregistered.An unregistered trade mark is called common lawmark.

A trade mark when registered gets a stable

existence. A registered trade mark can be inrelation not only to its existing use but also for aproposed use.


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The proprietor of an unregistered trade markshall not be entitled to institute any proceedingto prevent, or to recover damages for, the

infringement of an unregistered trademark.

However, such proprietor of unregistered trademark shall have common law remedy to take

action against another person, for passing offgoods as goods of the proprietor, or passing offservices as services provided by proprietor.


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STATUTORY DEFINITIONS

MARK: Section 2(1) (m) of TM Act, 1999 definesMark as Mark includes a Device, brand,heading, label, ticket, name, signature, word,

letter, numeral, shape of goods, packing orcombination of colours or any combinationthereof.

Example M written in a particular style with

yellow colour for MacDonalds; 555/777numerical used for detergent soaps; signatureused as a mark for alcohol etc.


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TRADE MARK: Section 2 (1) (zb)

Trade mark is defined as a mark capable of being represented graphically and that is

capable of distinguishing the goods or servicesof one person from those of others and mayinclude shape of goods, their packing andother combination of colours.

E.g. Colgate, Bata, Pantene etc.


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SERVICE MARK: Section 2 (1) (z)It means service of any description that is madeavailable to any potential users and includes theprovision of service in connection with business

of any industrial or commercial matters such asbanking, communications, education, financing,insurance, chit funds, real estate, transport,storage, material treatment, processing, supply ofelectrical or other energy, boarding, loading

entertainment amusement, construction, repair,conveying of news or information andadvertising.


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WELL KNOWN TRADE MARK: Section 2(1) (zg)Well known trade mark in relation to any goodsor services, means a mark which has become soto the substantial segment of the public which

uses such goods or receives such services that theuse of such mark in relation to other goods orservices would be likely to be taken as indicatinga connection in the course of trade or renderingof services between those goods or services and

a person using the mark in relation to the first-mentioned goods or services.Example: Coco Cola, Frooti, Bata.


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COLLECTIVE MARK: Section 2(1) (g)A Trade mark distinguishing the goods orservices of members of an association of persons not being partnership firm from thoseof othersThe proprietor of the mark is the association.The goods and services of a company or groupof companies like GODREJ or HINDUSTAN

UNILEVER LTD. may be the subject matter ofcollective Trade mark. It is not to be registeredif it is likely to deceive or cause confusion tothe public.


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CERTIFICATION TRADE MARK: Section 2 (1) (e)

There is a species of trade mark called asCertification Trade mark. Its function is to

indicate that the proprietor of the mark hascertified the goods bearing the mark as tocertain characteristics of the goods.

e.g. Geographical origin, ingredients and so on

such as ISI, AGMARK.


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PROPERTY MARKSPROPERTY MARKS

Section 479 of Indian Penal Code, 1860 providesSection 479 of Indian Penal Code, 1860 providesthat A mark used for denoting that moveable propertythat A mark used for denoting that moveable propertybelongs to a particular person is called a propertybelongs to a particular person is called a property

mark.mark.

The distinction between trade mark and propertyThe distinction between trade mark and propertymark is not recognized in English Law.mark is not recognized in English Law.

However in India, the distinction between a tradeHowever in India, the distinction between a trademark and a property mark is as follows:mark and a property mark is as follows:


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Trade Mark Property Mark

It denotes

manufactureor quality of the

goods to

which it is attached

It denotes the

ownership of them

It concerns thegoods

themselves

It concerns theproprietor of the

goods


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Trademark Registration

We take great pride in introducing ourselves as a leading

law firm in India, which has developed a highspecialization in the field oftrademark registration inIndia. We cover all the requirements and expectations ofour global clients from our highly expertise trademark,patent and company lawyers and attorneys beginning

from Trademark Search, Trademark Filing, Trademarkoppositions, and Appeals, trademark registration,international trademark registration services andtrademark enforcement services, which give completecustomer satisfaction completely. We have a team ofhighly qualified and experienced professionals, who are

expert in solving all types of issues related to trademarkregistration. Our policy is to enhance the customersatisfaction through providing high quality trademarkregistration services and query resolution system.


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Trademark Search

A trademark search is an analytical andcomprehensive way of researching a name, logoor slogan for prior use. It is highly advisable toconduct a trademark search before filing anapplication for a trademark. A basic trademarksearch includes applications for trademarks inIndia and registered trademarks. This search isonly for required and relevant information, butevery possible effort has been made to ensure

accurate results. The main purpose of atrademark search is to determine if someone hasalready trademarked your intended mark.


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India Trademark Registration

We offer trademark registration services at affordable priceto our global clients in India & across the globe, which suitsthe client's requirements and expectations completely. Wecover all the requirements and expectations of our globalclients beginning from Trademark Search, Trademark Filing,Trademark oppositions, and Appeals, trademarkregistration, international trademark registration servicesand Trademark Enforcement services. We have a team ofhighly qualified and experienced trademark attorneys, whoare expert in solving the client's queries and trademark

issues.


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Our India Trademark Registration

Service includes:-

Preparation and filing of your Trademark application

Maintaining your File and consultation with India TrademarkAttorney, who is our Trademark Consultant during the time yourmark is processed by the Registry.

Notifying acceptance of the objections or application by the office.

Counseling the publication of application in Trade Marks Journaland forwarding a copy of the relevant page publication to you.

Advising time limits for responding to office actions.

In the case of objections by the office, helping you to prepare theresponse. to the office objections through the services of our India

Trademark Attorney. Payment of Attorney Fees.

Payment of Office Fees for filing your application.


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Indian Trademark Registration Office

The trademark registration office in India is anagency, which provides protection to theinventors and business for their inventions andtrademark registration for the product andintellectual property identification. The

trademarks are registered on either the principalregister depending upon the characteristiccriteria. Mainly, trademark office is used topromote industrial and technological progressesand also strengthen the national economy byadministrating the laws relating to patents andtrademarks.


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FUNCTIONS OF TRADE MARK

TM may be used to indicate that the goods areof a particular maker

The goods of that maker are of a particularkind or quality.

Trader may indicate his best quality by oneTM, and his second best quality by anotherTM and so on. E.g. MRF with the symbol ofperson holding tyre is good quality and MRF

written plainly indicates the second quality. It serves the purpose of identifying the source

of origin of goods.


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FUNCTIONS OF TRADE MARK

As per modern business conditions a TM performsfollowing functions:It identifies the product and origin.It guarantees its unchanged quality.

It advertises the product.It creates an image for the product.e.g. Zip Drive associated with Santro Car; Taj

Mahal for a particular quality of tea which will bedifferent in quality from Brooke Bond; SONY is

associated with electronic items etc. The functions of service marks in relation to services

are similar to that of a TM in relation to goods. E.g.Courier services such as DHL, DTDC, GATI etc.


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ESSENTIAL FEATURES OF TM

A Trade mark should have the following essentialelements:

1. A Trademark should have Distinctive Character(Distinctiveness of the Trademark)

A trade mark would be considered a good trademark when it is distinctive.


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Features of Distinctiveness

Distinctiveness may be class dependent.

What is distinctive in relation to one class of goods

may not be so in relation to another class of

goods.

The TM may be united wholly to one or more

specified colours and this colour combination maybecome the distinctive character of the particular

mark.


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Distinctiveness may be inherent or acquired.

Inherent distinctiveness means that the mark or get up is

distinct in itself from everything else and no one can

justifiably claim the right to use it. E.g. RIN, ZEN.

Acquired distinctiveness means

Distinctiveness through use. E.g. the trade marks Yashica,

Hawkins, Surf and Lux have acquired distinctiveness

through use as also they are distinctive due to the inherent

quality of why being invented words.


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2. Trademark should preferably be an invented word. Thebest trade marks are invented words. E.g. ZEN ( a car) ,DIO (non-geared scooter).

3. Trademark, if it is a word, or name, then it should be

easy to pronounce and remember. E.g. Lux for soap,Maruti Zen for car, Mercedes for cars, Levis for jeans,Reynolds for pens, Parker for pens etc.

4. In case of a device mark, the device should be capable ofbeing described by a single work. E.g. Camel for Camel

Ink, Kingfisher bird for Kingfisher Beer.

5. Trade mark should be easy to spell correctly and writelegibly.


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6. It should not be descriptive but may be suggestive of thequality of goods. For example, a mark A-I wouldgenerally suggest superior quality. Avon (A-1) cycles forinstance.

7. It should be short. E.g. Flex, Bru, Rin.8. It should appeal to the eye as well as ear.

9. It should satisfy the requirements of registration.

10. It should not belong to the class of marks prohibited for

registration. E.g. Mark prohibited under the Emblemsand Names (Prevention of Improper Use) Act, 1950


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THANK YOU

trade mark presentation veena mam

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