The document provides an overview of trademarks including:
- A trademark identifies the source of goods or services and provides legal protection for brands, helping to prevent counterfeiting and fraud.
- Trademarks can be words, phrases, symbols, designs, sounds, scents, or colors and are used to distinguish one company's goods or services from another.
- Indian trademark law was updated in 2017 to simplify the registration process and allow registration of sound marks, 3D marks, and other new types of marks.
1. TRADEMARK
A great trademark is appropriate,
dynamic, distinctive, memorable and
unique.
TRADEMARKTRADEMARKTRADEMARKTRADEMARKTRADEMARK
CREATED BY
Arjun M XI-F
2. WHAT IS TRADEMARK?
• A trademark can be any word, phrase, symbol, design, or a
combination of these things that identifies your goods or services. It’s
how customers recognize you in the marketplace and distinguish you
from your competitors.
• The word “trademark” can refer to both trademarks and service
marks. A trademark is used for goods, while a service mark is used for
services.
• Identifies the source of your goods or services.
• Provides legal protection for your brand.
• Helps you guard against counterfeiting and fraud.
3. TRADEMARK EXAMPLES
Almost anything can be a trademark if it indicates the source
of your goods and services. It could be a word, slogan,
design, or combination of these. It could even be a sound, a scent,
or a colour.
Click to add text
4. USES OF TRADEMARK
A trademark is used for goods, while a service mark
is used for services. A trademark: Identifies the source of your
goods or services. Provides legal protection for your brand.
Trademarks enable the public to recognize goods or services
as originating from a particular source. A trademark owner can
stop others from using its trademark to prevent confusion about the
source of the goods or services. In some circumstances
however, someone may use another party’s trademark if the use is
considered a “fair use.”
5. INDIAN LAWS OF
TRADEMARK
With effect from 6 March 2017, the new trademark rules came into
existence. The intention is to simplify the whole trademark registration
process and make it hassle-free and quick. Some of the features of the
new rules are sound marks are made registrable; 3D marks are made
registrable; e-filing is promoted; provisions pertaining to the well-known
mark; separate fees structure for an individual / starts up / small
enterprise and others; expedited processing of application; hearing via
video conferencing; and the number of forms has been cut down to 8
from the existing around 75 forms
6. HISTORY OF
TRADEMARK
The law of trademark in India before 1940 was
based on the common law principles of
passing off and equity as followed in
England before the enactment of the
first Registration act ,1875.The first statutory
law related to trademark in India was the Trade
Marks Act, 1940 which had similar provision to
the UK Trade Marks Act, 1938. In 1958, the
Trade and Merchandise Marks Act, 1958 was
enacted which consolidated the provisions
related to trademarks contained in other
statutes like, the Indian panel code, Criminal
procedure code and the sea custom act. The
Trade and Merchandise Marks Act, 1958 was
repealed by the Trade Marks Act, 1999 and is
the current governing law related to registered
trademarks.
