trademark act 1999

8/8/2019 Trademark Act 1999

1/15

TRADEMARK ACT 1999

Group no. 9


2/15


3/15

Introduction

The trademark act 1999 has been

enacted to provide for registration oftrademark for goods and services

including prohibition to the registration of

imitation of well-known trademarks. Apersons right to trade mark is based on

prior use or priority of claim.


4/15

Important terms used in the Act

MARK: sec 2 (1)

TRADE MARK: sec 2(1)(Zb)

WELL KNOWN TRADE MARK

COLLECTIVE MARK

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

PERMITTED USE: sec 2(1)(r)


5/15

Procedure (Sec 18)

Application

Fee

The application is made in triplicate


6/15

Criteria for Trademark

Different from others

Easy to speak, remember and spell

Simple in design

Registrable and protectable

Attractive in appearance

Capable of affixation on goods on which it is used


7/15

Other requirements

A clear description of trade mark in words

A graphical representation of trade mark

Proof off application made in convention country

Proof of user Representation of mark

Reproduction of mark

Transliteration and translation of trade mark if it

contains words other than Hindi or English Acknowledgement of application and search for

identical or deceptively similar trade mark

Examination report may be issued within 3 months ofrequisition


8/15

Advertisement of Application

Manner of advertisement.

In case an advertisement of a series of trade mark

differing from one another in respect of particulars

prescribed, the registrar may insert with the

advertisement of application, a statement of the

manner in which several trade marks differ from

one another. Notification of correction or amendment made in

the application.


9/15

Opposition

Within three months from the date of the advertisementof an application for registration or within such furtherperiod.

Notice and then counter notice.

The Registrar shall serve a copy thereof on the persongiving notice of opposition.

Any evidence upon which the opponent and the applicantmay rely shall be submitted in the prescribed manner and

within the prescribed time to the Registrar. on business in India, the Registrar may require him to give

security for the costs of proceedings before him.

The Registrar may, on request, permit correction of anyerror in, or any amendment of, a notice of opposition or a

counter-statement on such terms as he thinks just.


10/15

Refusal of trademark

A trademark :

Which are devoid of any distinctive character

which consist exclusively of marks or indications which

may serve in trade to designate the kind, quality,quantity, intended purpose, values, geographical originor the time of production of the goods or rendering ofthe service or other characteristics of the goods orservice

which consist exclusively of marks or indications whichhave become customary in the current language or inthe bona fide and established practices of the trade,shall not be registered


11/15

Contd

A mark shall not be registered as a trade mark if:

it is of such nature as to deceive the public or cause

confusion.

it contains or comprises of any matter likely

to hurt the religious susceptibilities.

of any class or section of the citizens of India;

it comprises or contains scandalous or obscene matter; its use is prohibited under the Emblems and Names

(Prevention of Improper Use) Act, 1950


12/15

Relative grounds for refusal of registration ( sec 11 )

Existence of likelihood of confusion on the part of

the public due to its identity with earlier trade mark

Mark being a reproduction or limitation of a wellknown trade mark

If the use of mark will be prevented by the law of

passing off, or the copyright law

If it will be detrimental to distinctive character of

the earlier well known trade mark


13/15

Cases

M/s. HERO CYCLES LIMITED Vs. M/s. MAHAJAN

BROTHERS, 2005.

Royal Snacks Food Products Vs. NABISCO Inc, 2005.

M.P.Jewellers Vs. New M.P. Jewellers, 2005.


14/15


15/15

trademark act 1999

Documents