This document provides an overview of intellectual property rights related to trademarks. It defines what a trademark is and lists its essential features, such as being capable of graphical representation and distinguishing goods/services from others. The document outlines different types of trademarks including collective marks, certification marks, textile marks, and service marks. It also discusses well-known marks and examples of signs used as trademarks. The document explains protections provided to both individual proprietors and society. It lists what is registrable and non-registrable and the process of trademark registration, including filing applications, advertisement, and grounds for refusal.

1. INTELLECTUAL
PROPERTY RIGHTS
TRADE MARKS
Vinu Varghsese MSc, Mphil
Asst Professor
Dept of
AppliedBiotechnology
ST Mary’s College , Thrissur

2. What is Trademark
It is a visual symbol in the form of a
Word Phrase
Design
Sound
Color
Product configuration
Number
Label
Applied for articles of commerce, which is capable of distinguishing the goods or
services of one person from those of others

3. Essential Features of a Trademark
Capable of being represented graphically
Capable of distinguishing, the goods or services of one person from those of others
Used or proposed to be used in relation to goods or services
Use must to be of a printed or other visual representation of the marks
Use must be for the purpose of indicating or so as to indicate a connection in the course of trade
between the goods or service

4. Different types of TM
Collective Marks Marks that distinguish the goods or services of the members of an association of
persons not belonging to a partnership firm
Certificate TM Marks which certifies that goods or services on which it is used to meet certain specific
standards of quality
Textile TM Marks used or proposed to be used in relation to textile goods
Service Marks Marks used to identify and distinguish the services of the user with that of the others
Well Known Marks Marks which have become well known to the substantial segment of the public, familiar
with a particular type of goods or services for which it is used.

5. Collective Marks
Generally owned by an association or cooperation whose members may use the collective mark
to market their product
The association generally establishes a set of criteria for using the collective mark (eg quality
standards)
Permits individual companies to use if they comply with such standards

6. Certificate TM
Mark used by the manufacturer or the service provider to certify his goods or services are
eligible to be registered and protected
Certification marks are given for compliance with defined standards but are not confined to any
membership
They can be used by anyone whose product meet certain established standards
The proprietor will not use the certification trademark for his own goods
So this cannot be registered in the name of person who undertakes on a trade in goods of the kind
certified.

7. Textile TM
Mark used or proposed to be used in relation to textile goods
Numerals and letters can be used
It should be distinguishable from other marks.
Use of heading is permitted in case of textile trademarks.

8. Service Marks
Distinctive signs to distinguish the services offered by one enterprise from those of others
Services means service of any description like banking, communication, education, financial
insurance, chit funds real estate , transport, storage etc
It can be registered, renewed, cancelled , assigned and licensed under the same conditions as
trademarks

9. Well Known Marks
Marks that are considered to be well –known in the market and as a result benefit from stronger
protection.
Well known marks generally benefit from stronger protection..
May be protected even if they are not registered in a given territory

11. Different types of signs used as
trademark
Device Mark which refers to any pictorial representation
Brand Kind of symbols which are branded on the goods
Heading Mark in relation to textile goods.
Label Composite mark containing features like devices,words and expression printed on paper
Ticket Marks stitched or tagged on the goods
Name Marks referred to the name of a company, individual or firm
Shape Shape of goods and packages like case, box container
Scheme Scheme of color combination

12. Trade Marks Protections
Two types of protections
Protection of individual interest of the
proprietor of the trademark
Protection of the interest of the society

13. Protection of individual interest of
the proprietor of the trademark
A. Protection of exclusive right of the proprietor
of the trademark over lies trademark
B. Protection of the proprietor’s right of
assignment.
C. Protection of the goodwill and reputation of
the traders and businessmen

14. Protection of the interest of the
society
Trademark identifies the origin of the goods or
services.
Trademarks should not be used on false goods
or services.
Trademarks also indicates the quality of the
goods and services

15. Registrable and Non Registrable
Trademarks
All marks used in the trade are not
registrable
Marks those satisfy certain
requirements are only registrable.

16. Registrable Trademarks
1. Marks should be capable of being represented graphically
2. Should be capable of distinguishing the goods or services
of one from others
3. Should be used in relation to goods or services for the
purpose of indicating a connection in the course of trade
between the goods and services

17. Registration of Trademark
Filing of Application
Advertisement of the accepted
application
Grounds for refusal for registration

18. Filing of Application
Application should be in writing and filed by its proprietor who has used or proposes to use
If the applicant is single, the application should be filed in the office of the Registry within
whose territorial limits in the principle place of business of the applicant is situated
Single application is enough for different classes of goods & services.
The Registrar will classify the goods & services for the purpose of registration of trademarks
He may publish an alphabetical index of classified goods& services.
Registrar has the power to reject the registration

19. Advertisement of the accepted
application
Once the application is accepted, registrar advertises it in a prescribed manner
Persons opposing the registration can file a notice to the registrar in a prescribed format along
with fee, within three months from the date of advertisement
The registrar should serve a copy of the notice of objection to the applicant so that he can
counter statement which he should within two months & copy of the counter statement should
also be sent to the person who opposed the registration
Registrar should conduct a hearing of the both the parties and decision should be taken.

20. Grounds for refusal for registration
Refusal for registration can be divided into two based on the Trademark Law
Absolute ground
Relative grounds

21. Registration of a mark and its effect
When the application has not been opposed or if opposed decided in favour of the applicant,
registrar registers the trademark by issuing a certificate
Registration confers exclusive right to use the trademark
Registration is the prima-facie evidence of the validity of the trademark
The registered proprietor of a trademark may institute proceedings either to prevent or to
recover damage for the right to do proceedings against infringement.

22. THANK YOU