Presentation On
Presentation On
Presentation On
SERVICES
Class 35 (Advertising and Business)
Class 36 (Insurance and Financial)
Class 37 (Building, Construction and Repair)
Class 38 (Telecommunication)
Class 39 (Transportation and Storage)
Class 40 (Treatment of Materials)
Class 41 (Education and Entertainment)
Class 42 (Computer, Scientific and Legal)
Class 43 (Hotels and Restaurants)
Class 44 (Medical, Beauty, and Agricultural)
Class 45 (Personal and Social Services)
TRADEMARK REGISTRATION
WHAT ARE THE TYPES OF TRADEMARKS THAT CAN BE REGISTERED ?
Under the Indian trademark law the following are the types of trademarks that
can be registered:
Product trademarks: are those that are affixed to identify goods.
Service trademarks: are used to identify the services of an entity, such as the
trademark for a broadcasting service, retails outlet, etc. They are used in
advertising for services.
Certification trademarks: are those that are capable of distinguishing the goods
or services in connection with which it is used in the course of trade and which
are certified by the proprietor with regard to their origin, material, the method
of manufacture, the quality or other specific features
Collective trademarks: are registered in the name of groups, associations or
other organizations for the use of members of the group in their commercial
activities to indicate their membership of the group.
Advantages of Trademark Registration
1. Protects your hard earned goodwill in thebusiness
2. Protects your Name / Brand Name from being used ina
same or similar fashion, by any other business firm,
thus discourages others from cashing on your well built
goodwill
3. Gives your products a statusof .Branded Goods.
4. Gives an impression to your customers that the company is
selling some standard Products orServices
5. The exclusive right to the use of the trade mark in relation
to the goods or services in respect of which the
trade mark is registered.
6. To obtain relief in respect of infringement (misuseby
others) of the trade mark.
7. Power to assign (transfer) the trade mark to others for
consideration.
Procedure/Steps for Trademark Registration
1. Filing of an application for registration by a person claiming to be the
proprietor of a trademark, in the office of the Trade mark Registry, within
the territorial limits of the place of business in India.
2. Examination of the application by the Registrar to ascertain whether it is
distinctive and does not conflict with existing registered or pending
trademarks and examination report isissued.
3. Publication of the application after or before acceptance of the application
in the Trademark Journal.
4. After publication if any person gives notice of his opposition to the
registration within three months which may be extended to the maximum
of one month.
5. If the opposition has been decided in favour of theapplicant of the
registrationof trademark, the Registrar shall register the Trademark.
6. On the registration of the Trademark the Registrar shall issue to the
applicant a Trademark Registration
7. Today, as per the Trademark Rules, 2002, the application fees (similar to a
tax) are Rs. 3500 pertrademark.
Term/Duration of a Trademark in India
The term of registration of trademark is 10 (Ten) years, but
may be renewed subject to the payment of the prescribed fee,
in accordance with the provisions of the Trademarks Act,
1999. An application for renewal of a trademark can be filed
within six months from Constantia (Body) the expiry of the
last registration of trademark.
Use of the .TM. and ® symbols
Generally, one who has filed an application (pending
registration) can use the TM (trademark) designation with the
mark to alert the public of his exclusive claim. The claim may
or may not be valid. The registration symbol, ®,may only be
used when the mark isregistered.
Intellectual property India website
http://ipindia.nic.in/tmr_new/default.htm
Trademark Infringement
Trademark Infringement is a violation of exclusive rights
attaching to a trademark without the authorization of the
trademark owner or any licensee. Trademark infringement
mostly occurs when a person uses a trademark which may be
either a symbol or a design, with resembles to the products
owned by the other party. The trademark owner may begin a
legal proceeding against a party, which infringes its registration.
It was conclueded that Utterly Butterly Delicious Amul's name cannot be used by
any other proprietor even if the company is selling goods other than that sold by the
proprietor, who has registered the trademark. In a significant judgment, the Gujarat
High Court has ruled that a registered trademark user has the right to restrict others
using their trademark for different class or goods.
HC's judgment was in connection with a case where the Kaira District Co-operative
Milk Producers' Union popularly Amul Dairy and the Gujarat Co-operative Milk
Marketing Federation (GCMMF) had filed trademark infringement cases against
two local shop owners, Amul Chasmaghar and Amul Cut Piece Stores in the district
court. While Kaira Union owns brand Amul, GCMMF manages the brand.
It was on April 25, in 2007 year that the district court had passed an order that it was
a clear case of infringement and restrained the two from using Amul trademark.
Amul Chasmaghar however had challenged the district court's interim injunction in
the HC, where justice D N Patel upheld ruling of the district court.
Conclusion
The trade mark is for protecting the name of the product or services rather the
product itself;
Trade mark assures the customerabout the source of a product, though the quality
of the product is not assured by the trade mark;
The trade mark should bedistinctive;
Deceptively similar marks, geographical names etc. can not be registered as a trade
mark;
In India, the Trade Mark Act of 1999 is presently in force;
The term of trade mark protection is 10 years, which can be renewed from time to
time, indefinitely;
Trade mark can be assigned or transmitted;
Using deceptively similar marks, falsifying the mark or using unregistered mark
cause infringement under Trade Mark Act; and
The penalties against offences related to trade mark can range from fine to
imprisonment.