Trademark history,symbols, resistration prosess, classification, importance

1. Trademark
Sarmistha Panwar
Roll no.15
Botany final
Sem.4

2. CONTENT…
Introduction
History
Indian trademark law
Objectives of trademark law
Function of trademark
Symbol of trademark
Type of trademark
Classification of trademark
Trademark registration process
Trademark infringement

3. Trademark and brand names play a very crucial role, as they act as a source of
identity for any entity.
With increased IPR awareness entities are aggressively protecting their trademarks in
India and globally.
A trademark in India is defined under Section 2 (1) (zb) of the Trademark Act, 1999. It
is a distinctive sign or indicator used by an individual or an organization and is applied
to the articles of commerce so as to identify the products of one trader from those of
another.
Introduction

4. History
• 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 like 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 Penal Code, Criminal Procedure Code and the Sea Customs
Act.

5. • The Trade and Merchandise Marks Act, 1958 was repealed by the Trade Marks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. The
1999 Act was enacted to comply with the provisions of the TRIPS(Agreement on
Trade Related Aspects of Intellectual Property Rights).
• Though some aspects of the unregistered trade marks have been enacted into the
1999 Act, but they are primarily governed by the common law rules based on the
principles evolved out of the judgments of the Courts.
• Where the law is ambiguous, the principles evolved and interpretation made by the
Courts in England have been applied in India taking into consideration the context
of our legal procedure, laws and realities of India.

6. • Indian trademark law provides protection to trademarks statutorily under the
Trademark Act, 1999 and also under the common law remedy of Passing Off.
• Passing off is a common law tort which can be used to enforce unregistered
trademark rights. The tort of passing off protects the goodwill of a trader from a
misrepresentation that causes damage to goodwill.
Indian trademark law

7. • The law of trademark deals with the mechanism of
registration, protection of trademark and prevention of
fraudulent trademark.
• The law also provides for the rights acquired by registration of
trademark, modes of transfer and assignment of the rights,
nature of infringements, penalties for such infringement and
remedies available to the owner in case of such infringement.
• Statutory protection of trademark is administered by the
Controller General Of Patents, Designs and Trade Marks,
a government agency which reports to the Department of
Industrial Policy and Promotion(DIPP), under the
Ministry of Commerce and Industry.

8. Objective of trademark act ,1999
• Developments in trading and commercial
practices.
• Increasing globalization of trade and industry.
• The need to encourage investment flows and
transfer of technology.
• Need for simplification & harmonization of trade
mark management systems and
• To give effect to important judicial decisions.

9. Symbols of trademark

10. Types of trademarks

11. • Section 13 of the Trademark Act, 1999 entails provisions
regarding the Trademark Classes and Classification of goods
and services.
• It provides that the Registrar shall classify good and services in
accordance to the International Classification of Goods and
Services for the purpose of registration of trademarks.
Trademark classes and Classification

12. • Accordingly, the Trademark Registry has classified the good and
services in accordance to the 11th Edition of Nice Classification of
Goods and Services.
• The Nice Classification consists of a list of classes and an
alphabetical list of goods and services.
• There are 34 classes of goods and 11 classes of services i.e.
classes 1 to 34 deal with the specification of goods whereas
classes 35 to 45 deal with the specification of services.

14. • A trademark application in India can be filed for a single-class
or multiple classes. Once a trademark application is filed with
the requisite documents and details, the Registry issues an
official receipt towards trademark filing.
• After filing, the application goes through a preliminary check
also known as Formalities check pass. Under this, the Registry
verifies whether the trademark application has been filed by the
applicant in the prescribed manner or not.
Trademark registration process

15. • The applicant has to file a reply to the examination report/ office action
within one month from the date of receipt of examination report.
• After reply to office action is filed, the Examiner will advertise the mark in
the Trademark Journal, if he is satisfied with the reply to examination
report, else, will fix a date of hearing.
• If during hearing the mark is accepted, the Examiner will advertise the
mark in Trademark Journal.
• Thereafter, the trademark application is examined by the Registry. If there
are any objection against the trademark under Section 9 and 11 of the
Trademark Act, then an examination report is issued by the Registry.

16. • After publication in the Trademark Journal, the mark is open to
opposition by third parties. An opposition against the mark can be filed
within 4 months from the date on which the mark was published in the
Trademark Journal.
• If no opposition is filed against the trademark during the prescribed
period, then the mark proceeds towards registration.
• Once registered, a trademark is valid and subsisting for a period of
10 years from the date on which the mark was filed.

18. Trademark infringement refers to the unauthorized use of
trademark (or a service mark) which are so related in providing
distinctiveness to goods or services, in such a way which is
likely to cause confusion in the minds of the people or the
customers as well as which could cause serious loss or
damage to the trademark owner's brand.
Trademark infringement

19. Some of the constituents of the trademark infringement
can be:
1. Use by unauthorized person.
2. Use of identical mark or a mark so deceptive.
3. Registration of trademark so claimed tobe
infringed.
4. Infringed mark to be associated to goods or
services.

20. Coca-Cola Company Vs. Bisleri International Pvt.
Ltd.

22. Refrence…
https://taxguru.in/corporate-law/trademark-india.html
https://ssrana.in/ip-laws/trademarks-in-india/
https://swaritadvisors.com/learning/trademark-class-5/
Intellectual property law by Aditya Soni