IPR: Registration of trade mark walkthrough . has both national and international process of registration of trademark.

1. Topic : Effects of Registration
of Trademark
Subimitted by
SAJID AHAMAD T DODDAMANI

2. INTORDUCTION
 Trademark is a branch of intellectual property rights.
Intellectual property rights permit people to maintain
ownership rights of their innovative product and creative
activity. The intellectual property came to light because of the
efforts of human labour, so it is limited by a number of
charges for the registration and charges for infringement.
Types of intellectual property are Trademarks, Copyright
Act, Patent Act, and Designs Act.
 A trademark includes a name, word, or sign that differentiates
goods from the goods of other enterprises. Marketing of goods
or services by the procedure becomes much easier with a
trademark because recognition of product with the trademark
is assured and easier. The owner can prevent the use of his
mark or sign by another competitor.

3.  Trademark is a type of intellectual property. It
can be a word, device, name, symbol or any
combination which is acquired by any
institution or company to show the difference
between their product and the products of
other companies. It can also be known as the
brand name. Trademark can be owned by any
business organization, individual or any legal
entity. Rules and regulations of trademarks
are governed by The Trade Marks Act of 1999,
The Trade Marks Rules of 2002, and The
Trade Marks (Amendment) Rules of 2017.
INTORDUCTION

4. History of Trademarks
 The first official trademark law was passed in
1940. However due to its limitations and non-
use, it was replaced by the Trade and
Merchandise Act, 1958.
 In 1994, India became part of the TRIPS
Agreements which set basic standards for
intellectual property rights. To meet these basic
standards, a number of amendments were
introduced to the trademark laws in India. The
Trade and Merchandise Act, 1958 was revised by
the latest Trademark Act of 1999.
 The main purpose of this act was to improve
trading and commercial practices and develop the
globalization of trade and industry. The
Trademark Act, 1999 was governed by the
Trademark Rules of 2002

5. Meaning And Definition Of
Trade Mark
 Mark has many meanings according to the
context in which it is used.
 Dictionary meaning is a sign affixed or
impressed for distinction. The mark must be
used visually and not orally and legally, a
trade mark is recognized as intellectual
property. It has no meaning unless it is used
in relation to some goods. The life of a trade
mark depends on its use and continued non-
use may lead to its eventual death.

6.  Statutory Definition
The Trademarks Act 1999 came into force
with effect from 15-09-2003. Section 2 (1)
(2b) defines trademark as Trade mark means
a mark capable of being represented
graphically and which is capable of
distinguishing the goods or service of one
persons from those of others and may include
shape of goods, their packaging and
combination of colors
Meaning And Definition Of
Trade Mark

7. Designation of trademark
 Trademark is designated by:
• ™ (™ is used for an unregistered trademark.it is
used to promote or brand goods).
• ℠ ( used for an unregistered service mark.it is
used to promote or brand services).
• R (letter R is surrounded by a circle and used for
registered trademark).

8. Essential Features Of A Trade
Mark
A trade mark is visual symbol used in relation to any goods or services
to indicate some kind of trade connection between the goods or
services and the person using the mark. In order to bring it within the
scope of the statutory definition, a trade mark should satisfy the
following essential requirements;
 It must be a mark that is a device, brand, heading, label, ticket,
name or an abbreviation of a name, signature, word, letter or
numeral shape of goods, packing or combination of colors or any
combination thereof.
 It must be capable of being represented graphically.
 It must be capable of distinguishing the goods or services of one
person from those of others.
 It must be used or proposed to be used in relation to goods or
services.
 The use must be of a printed or other visual representation of the
mark.
 In relation to services, it must be the use of the mark or availability
or performance of services.
 The use must be for the purpose of indicating the connection in the
course of trade between the goods or services, and some person

9. Importance of
trademarks
Economic justification
From the economic point of view, a trade mark is merely
a symbol that allows a purchaser to identify goods or
service that have been satisfactory in the past and
distinguish the goods or service that have failed to give
satisfaction. Trade marks perform two important market
functions:
They encourage the production of quality products and
 They reduce customer's cost of shopping and making
purchase decisions.
 Trade marks play a crucial role in own free market
economic system

10. Importance of trademarks
Quality Justification
 An important purpose underlying trade mark
law is the protection of the trade mark
owner's investment in the quality of the mark
and the quality of the goods or service, which
the mark identifies. A certain amount of
image differentiation also helps consumers
select products of high quality and reliability.
It motivates producers to maintain adequate
quality standards.

11. Advertising Justification
 A trade mark is species of advertising, its
purpose being to fix the identity of the
product and the name of the producer in the
minds of the people, who see the
advertisement for marketing decisions. If the
trade mark owner succeeds in creating a
favourable image for the trade mark in the
market place, the mark itself can become a
significant factor in stimulating sales. The
ability of a mark to generate goodwill through
advertising has also gained recognition under
the law of trade mark
Importance of trademarks

12. Registration of trademarks
 The registration process in India is a first to file'
basis. Therefore, it is important to apply for
registration as soon as possible. A trademark
usually takes 2-3 years to get registered, if the
trademark is not being opposed by a third party.
Trademark applications are handled by the Office
of the Controller General of Patents, Trade Marks,
Industrial Designs and Geographical Indications.
Branches for these offices are available in
Mumbai, Kolkata, Ahmedabad, Delhi and Chennai.
The application must be filled as per territorial
jurisdiction. And as per provisions of trademarks
act,1999 section 18.

13. A "registered trademark" confers a bundle of exclusive
rights upon the registered owner, including the right to
exclusive use of the mark in relation to the products or
services. Registration of a trade mark is not a
mandatory requirement in India. A trade mark is
registered for a period of 10 years and is subject to
renewal. The Trademarks Act 1999 governs the whole
process of registration. Registration is required for the
following reasons:"
 It identifies the origin of goods and services;
 Advertises goods and services;
 Guards the commercial goodwill of a trader; and
 Protects the innocent public from buying the second
rate quality goods.
Registration of trademarks

14. To register a trademark in India the following steps
must be followed:
 Select a trademark agent in India: Proprietors are only
allowed to file a trademark application if their place of
business is in India. If this is not the case, the right
holder must file a trademark application through an
agent or attorney. The agent or attorney usually takes
care of the trivialities such as searching, preparing,
filing and prosecution of the trademark.
 Determination of the eligibility and availability of the
trademark: The agent usually starts the registration
process by determining whether the trademark is
eligible for registration and conducting a clearance
search to see if there is a similar mark in the office of
the controller general.
Registration of trademarks

15.  Completing the application form and filing: If the
trademark agent has the power of attorney from the
right holder he can complete and file the application
form. The form will require details such as name and
address of the proprietor, a description of the goods
and services associated with the mark, whether the
mark is in use and a copy of the mark.
 Review by the trademark office: The trademark office
reviews the application to see if it is complete and
then allots the application a number. If the trademark
is registered, this number becomes the registration
number.
 Preliminary approval and publication, show cause
hearing or rejection of the application: The trademark
association determines if the application is barred
from registration either on absolute or relative
grounds for refusal as prescribed in the Trade Marks
Act, 1999.
Registration of trademarks

17. International registration of a trademark
 The law of trademark passed by the Indian
government is applicable only within the territory of
India. The trademark which is registered in has
effect only in India, for the protection of trademark
in other countries needs to be registered in another
country as well. Each country has its own
trademark law with rules and law for the
registration of a trademark in that country. In other
words, if an individual desire to obtain trademark
registration in any particular nation then a separate
application must be moved in all such international
locations.

18. International registration of a trademark
Two methods by which an international
application can be filed
 International application in each foreign
country:
For the protection of trademark in any foreign
country, an international application must be filed to
the trademark office by following the rules and
regulations of that country. For this purpose the
applicant must hire a firm dealing in trademark
registration in foreign, the applications to countries
which is not a party to the Madrid system can be filed
as per above. It provides services that engaging an
Attorney in the foreign countries works closely for
registration of a trademark in the foreign country.

19.  The international application under the Madrid
system:
The trademark registration may also be initiated by
means of filing an international application under
Madrid protocol before the Registrar of Trademark for
different nations. The Indian Trademark office collects
international Trademark application and after finding
it in conformity with the Madrid protocol transmits
such a global application to the WIPO (World
Intellectual Property Organization), which further
transmits it to the situation overseas. Each and every
global software is processed by way of the overseas
nation as per their legislation and all communications
are routed by means of Indian executive.
International registration of a trademark

20. Effect of Registration
The registration of a trademark shall if valid give the
exclusive right to the registered proprietor to the use
of trademarks in respect of goods and services of
which the trademark is registered, and also to obtain
relief in respect of the infringement of the trademark.

21. Infringement of trademark
 A registered trademark is infringed by a person who not
being a registered proprietor or a person using by way of
permitted use in the course of trade, a mark which is identical
with or deceptively similar to the trademark in relation to
goods or services in respect of which the trademark is
registered.
 After infringement, the owner of the trademark can go for civil
legal proceedings against a party who infringes the registered
trademark. Basically, Trademark infringement means the
unapproved use of a trademark on regarding products and
benefits in a way that is going to cause confusion, difficult,
about the trader or potentially benefits.
Effect of Registration

22. Infringement of trademark on the internet
 The expansion of the web is also leading to an expansion of
inappropriate trademark infringement allegations. Probably, a
company will assert trademark infringement each time it views
one among its trademarks on an online page of a Third party.
 For example, an individual who develops a website online that
discusses her expertise with Microsoft software could use
Microsoft’s trademarks to consult exact merchandise without
the worry of infringement. However, she mainly would no
longer be competent to use the marks in this kind of means as
to intent viewers of her internet web page to feel that she is
affiliated with Microsoft or that Microsoft is someway
sponsoring her net web page. The honour could simplest be
analyzed upon seeing how the marks are sincerely used on the
web page. In this way, there is an infringement of trademark
on the internet.
Effect of Registration

23. No action for an unregistered trademark
 This is defined under Section 27 of Act that
no infringement will lie with respect to an
unregistered trademark, but recognises the
common law rights of the trademark owner
to take action against any person for
passing off goods as the goods of another
person as services provided by another
person or the remedies thereof.

24. Passing off
 Passing off is common legislation of tort, which can
be used to put in force for unregistered trademark
rights. The regulation of passing off prevents one
man or woman from misrepresenting other items or
services.
 The inspiration for passing off has faced some
changes in the duration of time. In the beginning, it
was restrained to the representation of one person
goods to another. Later it was elevated to business
and non- trading activities. Therefore it used to be
additionally accelerated to professions and non-
trading movements. Today it is applied to many
types of unfair trading and unfair competitors where
the activity of one person cause damage to another
person.

25.  The basic difference between the two is in terms of
protections available for registered trademarks and
unregistered trademarks. The former is a statutory
remedy and the latter is a common law remedy.
 It is necessary to establish the infringing mark is
identical/deceptively similar to the registered
trademark in order to establish infringement.
Unregistered trademarks may gain protection, where
the goods and services have a highly significant
position in the market.
 These trademarks are used in the course of trade
which is well known to the public in India. Apart from
this, there are different symbols representing the
both. Registered trademark is represented by the
symbol ®. An unregistered trademark is represented
by the trademark symbol ".
Difference between unregistered and
registered trademarks:

26.  The Trademarks Act deals with the laws relating
to trademarks in India. Unlike other legislation of
various different countries, registration of a
trademark is not mandatory in India. An unregistered
trademark is also protected and has certain benefits.
 However, an unregistered trademark does not
possess the statutory right of infringement. However,
the registered trademark possesses a statutory right
of infringement.
 Hence, it is advisable to get trademark registration
owing to its evidential value and the incentives
provided.
Difference between unregistered and
registered trademarks:

27. conclusion
 Intellectual Property reflects the meaning that it’s subject body is the
product of the mind or the intellect. As it’s the product of a
productive and creative mind, It can be traded, purchased, given and
reserved. All this can be done but there are issues related that to be
dealt. Trademarks are very important aspects of Intellectual Property
so, the protection of the trademark has become essential in the
present day because, every generator of a good or service will want
his mark to be different, eye-catching and it should be easily
distinguishable from others
 So the effects or registration Is Trademark is Valuable Asset, it
povides Protection to Brand, Provides Uniqueness to Brand, Easy
for customers to find.
 Trademark once registered can last for eternity. The Trademark
registered by any firm remains with them forever. Yes, the trademark
registration shall be renewed after every 10 years. However, the identity
that it gave to the brand remains forever.