Trademark

1. TARDEMARK:
A Trade Mark is a visual symbol in the form of a word , a device ,or a label applied to articles of
commerce with a view to indicate to the purchasing public that is a good manufactured or
otherwise dealt in by a particular person as distinguished from similar goods dealt or
manufacture by other persons.
A trademark is designated by the following symbols:
 ™ (for an unregistered trade mark, that is, a mark used to promote or brand goods)
 ℠ (for an unregistered service mark, that is, a mark used to promote or brand
services)
 ® (for a registered trademark)
A trademark is a type of intellectual property, and typically a name, word, phrase, logo, symbol,
design, image, or a combination of these elements. A trademark identifies tangible good or
product of a company or individual.
A trade mark is granted protection on the basis of
• First Adoption
• First User
• First Inventor
• First Invention / Adoption/ User is superior then the Registration
It is the subject of the WTO-TRIPS agreement. The period of protection for a trademark
varies with respect to local legal constraints. Protection of such distinctive signs aims to
stimulate creativity so as to ensure fair competition and to protect the customers by enabling
them choices between various goods and services.
OBJECT OF TRADE MARK:
Is to deal with the precise nature of the rights which a person can acquire in respect of a TM-The
mode of acquisition of such rights -the method of transfer of those rights to others-the precise
nature of infringement of such rights-and the remedies available in respect thereof.
FUNCTIONS OF A TRADE MARK:
1. It identifies the product of its origin
2. It guaranties its unchanged quality
3. It advertises the products
4. It creates an image for products.
SERVICE MARK :
A service mark identifies the services of a provider. Marks used by a company can functions as
both.
Service mark is a trademark used to identify services rendered by an organization from other.
Titles, characters names are registered as service marks.
Example: Airtel, Hutch, LIC and Star TV

2. GEOGRAPHICAL INDICATIONS:
GI are signs used on goods that have a specific geographical origin and possess qualities or a
reputation that are due to that place of origin. Agricultural products typically have qualities that
derive from their place of production and are influenced by specific local factors, such as climate
and soil. They may also highlight specific qualities of a product, which are due to human factors
that can be found in the place of origin of the products, such as specific manufacturing skills and
traditions.
A geographical indication points to a specific place or region of production that determines the
characteristic qualities of the product that originates therein. It is important that the product
derives its qualities and reputation from that place. Place of origin may be a village or town, a
region or a country.
It is an exclusive right given to a particular community hence the benefits of its registration is
shared by the all members of the community. Recently the GIs of goods like Chanderi Sarees,
Kullu Shawls, and Wet Grinders etc have been registered. Keeping in view the large diversity of
traditional products spread all over the country, the registration under GI will be very important
in future growth of the tribes / communities / skilled artisans associated in developing such
products.
COPY RIGHTS:
Copyright is a legal term describing rights given to creators for their literary and artistic works.
The kinds of works covered by copyright include: literary works such as novels, poems, plays,
reference works, newspapers and computer programs; databases; films, musical compositions,
and choreography; artistic works such as paintings, drawings, photographs and sculpture;
architecture; and advertisements, maps and technical drawings. Copyright subsists in a work by
virtue of creation; hence it’s not mandatory to register. However, registering a copyright
provides evidence that copyright subsists in the work & creator is the owner of the work.
• Copyright protects
– “…original works of authorship fixed in any tangible medium of expression, now
known or later developed, from which they can be perceived, reproduced, or
otherwise communicated, either directly or with the aid of a machine or device.”
Creators often sell the rights to their works to individuals or companies best able to market the
works in return for payment. These payments are often made dependent on the actual use of the
work, and are then referred to as royalties. These economic rights have a time limit, (other than
photographs) is for life of author plus sixty years after creator’s death.