Trade Mark

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Trade Mark

  1. 1. TRADEMARKS
  2. 2. What is a trade mark ? <ul><li> A Trade Mark is a visual symbol in the form of a word , a device ,or a label applied to articles of commerce with a view to indicate to the purchasing  public that is a good manufactured or other wise dealt in by a particular person as distinguished from similar goods dealt or manufacture by other persons. </li></ul>
  3. 3. Absolute ground for refusal of registration <ul><li>A mark shall not be registered as a trade mark if – </li></ul><ul><li>It is of such nature as to deceive the public or cause confusion; </li></ul><ul><li>It contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India; </li></ul><ul><li>It comprises or contains scandalous or obscene matter; </li></ul><ul><li>It’s use is prohibited under the Emblems and Names </li></ul><ul><li>(Prevention of Improper Use) Act,1950 (12 of 1950 ). </li></ul><ul><li>A mark shall no be registered as trade a mark if it consists exclusively of – </li></ul><ul><li>The shape of goods which from the nature of goods themselves; or </li></ul><ul><li>The shape of goods which is necessary to obtain a technical result; or </li></ul><ul><li>The shapes which gives substantial value to the goods. </li></ul>
  4. 4. SECTION 12
  5. 5. <ul><li>Limitation as to colour.— </li></ul><ul><li>a) A trade mark may be limited wholly or in part to any combination of colours and any such limitation shall be taken in to consideration by a tribunal having to decide on the distinctive character of the trade mark. </li></ul><ul><li>b)So far as a trade mark is registered without limitation of colour, it shall be deemed to be registered for all colours. </li></ul>
  6. 6. Object of Trade Mark <ul><li>Is to deal with the precise nature of the rights which a person can a acquire in respect of a TM-The mode of acquisition of such rights -the method of transfer of those rights to others-the precise nature of infringement of such rights-and the remedies available in respect thereof. </li></ul>
  7. 7. Functions of a Trade Mark <ul><li>1. It identifies the product of its origin  </li></ul><ul><li>2. It guaranties its unchanged quality </li></ul><ul><li>3. It advertises the products & </li></ul><ul><li>4. It creates an image for products. </li></ul>
  8. 8. Trademarks management <ul><li>Trademark is a major asset of any company. Hence ' trademarks management ' in an enterprise comprises two aspects: </li></ul><ul><li>Trademark policy is a marketing function. (the marketing personnel of an organization will take care of this trademark policy known as ' Brand Management '. ) </li></ul><ul><li>Trademark protection is a legal function </li></ul>
  9. 16. What is copyright? <ul><li>Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work. </li></ul>
  10. 17. Why should copyright be protected?
  11. 18. Why should copyright be protected? <ul><li>Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create. </li></ul>
  12. 19. Will the strict application of the principle of protection of copyright hampers economic & cultural development of the society?
  13. 20. Exemptions <ul><li>Uses of the work </li></ul><ul><ul><li>for the purpose of research or private study, </li></ul></ul><ul><ul><li>for criticism or review, </li></ul></ul><ul><ul><li>for reporting current events, </li></ul></ul><ul><ul><li>in connection with judicial proceeding, </li></ul></ul><ul><ul><li>performance by an amateur club or society if the performance is given to a non-paying audience, and </li></ul></ul><ul><ul><li>the making of sound recordings of literary, dramatic or musical works under certain conditions. </li></ul></ul>
  14. 21. APPLICATION <ul><li>The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright in an idea. </li></ul><ul><li>Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright a work must be original. </li></ul>
  15. 22. <ul><li>Copyright subsists throughout India in the following classes of works: </li></ul><ul><ul><li>Original literary, dramatic, musical and artistic works; </li></ul></ul><ul><ul><li>Cinematograph films; and </li></ul></ul><ul><ul><li>Sound recordings. </li></ul></ul><ul><li>In the case of a literary work copyright means the exclusive right </li></ul><ul><li>To reproduce the work </li></ul><ul><li>To issue copies of the work to the public </li></ul><ul><li>To perform the work in public </li></ul><ul><li>To communicate the work to the public. </li></ul><ul><li>To make cinematograph film or sound recording in respect of the work </li></ul><ul><li>To make any translation of the work </li></ul><ul><li>To make any adaptation of the work. </li></ul>
  16. 23. Procedure for registration of a work under the Copyright Act,1957 <ul><li>Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, facilities exist for having the work registered in the Register of Copyrights maintained in the Copyright Office of the Department of Education. The entries made in the Register of Copyrights serve as prima-facie evidence in the court of law. The Copyright Office has been set up to provide registration facilities to all types of works and is headed by a Registrar of Copyrights and is located at B.2/W.3, C.R. Barracks, Kasturba Gandhi Marg, New Delhi- 110 003, Tel: 338 4387 </li></ul>
  17. 25. BIBLIOGRAPHY <ul><li>1) Intellectual Property Laws; Universal law publishing co(2004) </li></ul><ul><li>2) www.legalserviceindia.com </li></ul>

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