The document explains intellectual property rights (IPR), focusing on trademarks, including their definition, registration process, and the legal protections they afford. It details the requirements for a valid trademark, the classification system in India, the international trademark registration process through WIPO, and various grounds for refusal and infringement. Additionally, it outlines the penalties for trademark infringement and passing off, emphasizing the importance of protecting intellectual creations.

1. Intellectual Property
The term IPR stands for “Intellectual property Rights”
The term "Intellectual Property Rights" refers to the
legal rights granted with the aim to protect the
creations of the mind and intellect.
The creations have both moral and commercial value.

2. It may be of various forms:-
1. Copyright
2. Patents
3. Trademarks
4. Industrial Designs
5. Geographical Indication

3. TRADEMARK
• A trademark is a word, symbol, slogan, design,
sound, color etc. or combination as such , that
helps to identify the source of goods or
services and distinguish them from others.

4. According to Section 2 (zb) of the Trade Marks Act,
1999,
1. “trademark” means a mark capable of being
represented graphically and which is capable of
distinguishing the goods or services of one
person from those of others.
2. It may include shape of goods, their packaging
and combination of colors.”
3. A mark can include a device, brand, heading,
label, ticket, name, signature, word, letter,
numeral, shape of goods, packaging or
combination of colors or any such combinations

6. Use of TM, SM and ® symbols
• 'TM' stands for Trademark & 'SM' stands for
Servicemark. The use of TM and SM symbols
means that the company is claiming exclusive
ownership of the trademark. Although it is not
yet registered.
• The ® symbol, can be used only once the
trademark is registered and the registration
certificate is issued.

7. REQUIREMENTS OF A GOOD TM
1. „Must be capable of graphical representation.
2. Must be capable of distinguishing goods and
services, one from the other.
3. Must be capable of being registered.
4. Must not be similar to existing or registered
TMs.

8. SCOPE OF TRADEMARK RIGHT
- The exclusive right to use the mark.
- The right to prevent others from using an
identical or similar mark for:-
1. identical or similar goods or services.
2. new goods or services.

9. RELATED LAWS
1. The Trademarks Act 1999
2. The Trademark Rules 2002

10. Who can file a Trade Mark Application
The Trademarks Act 1999
Sec. 18 (1) –
A person who claims to be the proprietor of the trade mark in
relation to goods and /or services may apply for the registration of a
Trade Mark.
For the purpose, "Person" includes:
1. A Natural Person,
2. A Body Incorporate,
3. A Partnership Firm,
4. HUF, Association of Persons (in case of collective Trademarks), Joint
Proprietor
5. A Trust,
6. A Society, or
7. A Government Authority/Undertaking

11. Classification of goods and services
• India follows the International Classification of
Goods and Services [Nice Classification(45
classes)] published by World Intellectual
Property Organization (WIPO) for classification
of goods and services for registration of
trademarks.
• For the purpose of classification of the
figurative elements of marks, India follows the
Vienna Agreement.

12. Madrid – The International Trademark System
• A person may file an international application
for a global trademark registration whereby
one needs to already have registered, or have
filed an application, in one’s “home” IP office.
• The registration or application is known as
the basic mark.
• Then one needs to submit the international
application through the same IP Office, which
will certify and forward it to WIPO.

13. • WIPO only conducts a formal examination of
international application.
• Once approved the mark is recorded in the
International Register and published in
the WIPO Gazette of International Marks .
• WIPO will then send a certificate of
international registration and notify the IP
Offices in all the territories where one wishes
to have the mark protected.

14. PROCEDURE FOR REGISTRATION
OF A TRADEMARK

15. Application Filed
(Physical Filing or e-Filing)
Application Number Allotted
Examination Report Issued
Without Objections With Objections
 Objections- Trademark Registry Objection

16. Accepted for
Registration
Advertised in the Trade
Marks Journal
Opposed(Public
Opposition)
Not Opposed
4 months
Opposition Phase
Registration
Certificate Issued
Renewal once in 10 years
WITHOUT
OBJECTIONS:-
Opposition- Private Person Opposition

17. WITH
OBJECTIONS:- Written Submissions are
made and user affidavit, if
applicable, is filed
Show - Cause Hearing
Posted
Refused/Withdrawn
/Abandoned
Registration
Accepted for Registration
(same process as in without
objection)
Intellectual Property Appellate
Board

18. Opposition(Fixing hearing
date, Producing Evidence,
Judgment)
Opposition allowed
Trademark Accepted for
Registration
Review[U/127(c)]
Intellectual Property
Appellat-e Board
Opposition
Phase:-

19. Notice of Opposition
Counter Statement
Affidavit u/R50
(by opponent)
Affidavit u/R51
(by applicant)
Reply Affidavit u/R52
(by opponent)
Opposition Dismissed
(Application allowed)
Opposition Allowed
(Application refused)
Hearing
OPPOSITION
PHASE:-
Registration
of
Trademark

20. GROUNDS OF REFUSAL
ABSOLUTE GROUNDS
• Which is devoid of any
distinctive character.
• Which have become
customary in the current
language.
• Which indicates quality or
other descriptive
character of the goods or
services
RELATIVE GROUNDS
• A mark, which by its very nature
will deceive the public or cause
confusion.
• A mark, which is likely to hurt
the religious susceptibilities .
• A mark, which contains
scandalous or obscene matter.
• A mark, the use of which is
prohibited under the Emblems
and Names (prevention of
Improper Use) Act 1950

21. 1) Infringement (slightly changing a registered
trademark and using)
A trademark is said to be infringed by a person, who, not
being a permitted user, uses similar mark to the registered
trademark without the authorization of the registered
proprietor of the trademark.
2) Passing off
means introducing products or services into
the market under someone else's trademark.
For an action of passing off, registration of a trademark is
irrelevant.

22. Offences and Penalties
• In case of a criminal action for infringement or
passing off:-
1. the offence is punishable with imprisonment
for a term which shall not be less than 6
months but which may extend to 3 years and
2. fine which shall not be less than INR 50,000
but may extend to INR 200,000(2L).