A STUDY ON INTELLECTUAL PROPERTY RIGHTS

2. INTRODUCTION TO
TRADEMARK
 Lanham Act defines a trademark as
“ any word, name, symbol or
device by a person to identify and
distinguish goods from these
manufactured or sold by others.

3. PURPOSE AND FUNCTIONS
OF TRADEMARKS
THE TRADEMARKS basicallyn
performed Two functions:
1. Guarantee – quantity,
consistency
2. helping the customers in
deciding which product it to
purchase

4. VARIOUS TYPES OF
PROTECTABLE MARKS
 NAMES, WORDS, NUMBERS AND
DOMAIN NAMES
 LOGOS, SYMBOLS AND DEVICES
 COLORS AND SCENTS
 CHARECTERS
 TRADEMARKS
 SERVICE MARKS
 COLLECTIVE MARKS
 CERTIFICATION MARKS
 MULTIPLE MARKS

5. TRADEMARK
REGISTRATION PROCESS
1. APPLICATION PROCESS
A. PREPARING APPLICATION
B. FILLING TRHE APPLICATION
2.EXAMINATION PROCESS EXAMINATION BY
PTO
3. POST EXAMINATION PROCEDURE
A.PUBLICATION IN THE OFFICIAL
GAZETTE
B. OPPOSITION PROCEEDINGS
C.INTENT TO USE APPLICATION AND
STATEMENTS OFN USE
D. REGISTRATION

6. BENEFITS OF FEDERAL
REGISTRATION
 Rights to use O’ Symbol
 Right to sue in federal courts
 Rights to claim damages
 Prima facie evidence
 Constructive notice of first use
 Constructive notice of ownership claim
 Criminal penalties and damages
 Right to stop important of infringing
marks

7. ELEMENTS OF FEDERAL
TRADEMARK APPLICATION
 Identification of marks
 Identification of class
 Information about the applicant
 A description of goods and
services
 Bases for application
 Declaration
 Power of attorney

8. HOW DOES AN INDIVIDUAL
FILES THE TRADEMARK
APPLICATION
 Step 1: Fill in the application and
sign
 Step2: Paid the fee
 STEP3: Attached duplicate copy(adrs)
 STEP4: Request filling date, apl no.
Label
 STEP5: In personal or express
post(uspto)
 STEP6: Incase mailing the certificate(
document)

9. HOW DOES AN INDIVIDUAL
FILES THE TRADEMARK
APPLICATION STEP7: Reviews the application
 STEP8: Stamped with the serial
number
 STEP9: Duplicate copy is than
dispatched back
 STEP10: Filling the date by applicant
 STEP11: Waiting for 1 year
 STEP12: If he not received any
verification, he can inquire
about application

10. THANK YOU
DHANUNJAYARAO KALISETTI
M.B.A; APSET; (Pur. PH.D)