Trademark Act of 1999 governs trademarks in India. A trademark is a distinctive sign used by an entity to identify its goods and services and distinguish them from others. Trademarks must be renewed every 10 years by paying a Rs. 5000 fee. Key features include helping customers identify products, indicating manufacturing source and quality, and increasing value as a business grows. Registration is not required but provides exclusive rights. The application process involves filing Form TM-1 with a Rs. 2500 fee and examination of the applied trademark. Registered trademarks receive protection from infringement and passing off by others. Violations can result in civil or criminal cases.

1. Trade mark act
Course: BBA I
Subject : Introduction to Business Organization
Unit: 5

2. Trade mark Act, 1999
Meaning:
• A trade mark means a mark capable of being
graphically and which is capable of distinguishing
goods & services of one person from those of
others and may include shape of goods, their
packaging, combination of colors, etc.
Time period: registration is valid till 10 years.
It can be renewed under form TM-2 with the fees of
Rs. 5000/-

3. Features
• Customers identify a product by its trade mark. Trade
mark is property of the company.
• The function of trade mark is to give an indication to
the purchaser regarding the manufacture and quality
of the goods.
• It is an intangible asset which can be sold and assigned.
• The value of trade mark increases as the business
grows.
• The main reason of the foundation of such rights is: the
principle that no one is entitled to represent his
business or goods as being the business of another.

4. • Use in trade: the protection is not available, if the
mark is not used for the course of trade.
• The mark should be capable of being represented
graphically:
– Letter mark: IBM, Coca Cola
– Symbol mark: Brand name
– Logo: Visual depiction
• If the TM is designed in an artistic way, protection
under Copyrights Act can also be taken.
• Registration is not mandatory
• Same name can be used for different products.
Eg: VIP bags & VIP undergarments

5. Procedure for registration
• Single application can be made for different class
of goods paying separate fees.
• Application should be filed at the office of
registrar under whose territory the place of
business is situated.
• Application should be submitted in form TM-1
with fee of Rs. 2500/-.
• A close and thorough examination is conducted
to investigate that the TM is new and distinctive
and also free from conflict with registered and
pending marks of others.
• On the basis of the investigation, the TM
application can be either accepted or rejected.

6. • After hearing on oppositions, Registrar can register
trade mark.
• Date of application is considered as date of
registration.
• The certificate of registration is issued with seal of
registry.
• Infringement:
– Use of deceptively similar mark
– Likely to cause confusion because of similarity
– Use even on dissimilar goods
– Use as trade mark
– Applying trade name on labels or packing goods
– Use in advertisement
– Spoken use of words or by visual representation
Procedure for registration

8. Passing off
• A person is not to sell the goods under the
pretence that they are goods of another person.
• Passing off is an infringement in which the rules
are broken against unregistered TM.
Protection
• Case can be filed in District court.
• It is a criminal offence
• Actions:
– Case of infringement
– Passing off action under common law
– Criminal case

9. References
1. Fundamentals of Business Organization and
Management by Y.K.Bhushan- Sultan Chand
publications
2. Principles & Practices Of Management by L M
Prasad – Himalaya Publishing House

10. Thank You!!