Intellectual Property Right (IPR) - TRADEMARK

INTELLECTUAL
PROPERTY
RIGHT
IPR

* MARK
IPR
Parimal KOWTAL
E-mail: parimal.kowtal@gmail.com

IPR Colloquially
known as a
Trademark

A recognizable sign, design,
or expression which
identifies PRODUCT/s or
SERVICE/s of a particular
source.
TRADEMARKIPR

TRADEMARK
Name
Word
Phrase
Logo
Symbol
Design
Image
or any combination.
IPR
Parimal KOWTAL

The Owner of Trademark can
be an Individual, Business
Organization or Legal Entity.
IPR

A TRADEMARK may be
located on a package,
label, voucher or on
the product itself.
IPR

Corporate Identity:
Trademarks are often
displayed on buildings
and structures.
IPR

TRADEMARK
➔
Visible
➔
Invisible
IPR

TRADEMARK
Visible
●
Word’s
●
Letter’s
●
Drawing’s
●
Color’s
●
Abbreviation’s
IPR
Parimal KOWTAL

Invisible
●
Sound
●
Fragrance
TRADEMARKIPR

TRADEMARK
✔
Hologram
✔
Shape
✔
Emblem
IPR

The letters TM
in superscript
denote
Unregistered
Trademark.
TRADEMARKIPR

The encircled
letter R is a
Registered
Trademark.
TRADEMARK
R
IPR

SERVICE MARK
Trademark’s
used to identify
services are
called
Service Mark’s.
IPR
Parimal KOWTAL

CERTIFICATION MARK
Compliance –
Quality Standard
IPR

Recognized
Component Mark:
Usually associated
with power
components or
power circuit boards
which make the
finished product.
CERTIFICATION MARKIPR

Collective Mark
A trademark owned by
an organization or an
association.
Used by its members to
identify themselves with
the characteristics set by
the organization.
IPR

Collective Marks are
maintained upon
payment of renewal
fees.
Collective MarkIPR

Collective Mark
Chartered Accountants
Life Insurance Agents
Lawyers Association
IPR
Parimal KOWTAL

IPR Arbitrary Mark
Does not have any
relevance with the
purpose of the
product or
organization.

Generic Mark
Synonymous with a
general class.
Not associated with
proprietary status.
IPR

Suggestive Mark
The name suggests
the use of application.
Blu Ray.
IPR
Parimal KOWTAL

Suggestive MarkIPR
Parimal KOWTAL

Domain Name
www.ipindia.nic.in
IPR

Trademark can
be licensed.
IPR

The International
Classification of Goods
and Services Classifies
Trademark and Service
Mark according to
goods and services.
IPR

The Nice Classification
distinguishes the mark as
a Trademark or Service
Mark depending on the
goods or the service, the
mark is registered for.
IPR

The classification of goods
and services under Nice
Classification comprises of
total 45 classes.
Goods : 34 Classes.
Services : 11 Classes.
TRADEMARKIPR

GOOD’s:
CLASS 15 :
Musical Instruments.
Mechanical pianos and
their accessories.
Musical boxes.
Electrical and electronic
musical instruments.
TRADEMARKIPR
Parimal KOWTAL

Does not include apparatus
for recording, transmission,
amplification and
reproduction of sound.
TRADEMARKIPR

SERVICE : CLASS 38 :
Telecommunications.
Includes services allowing
at least one person to
communicate with another
by a sensory means.
IPR TRADEMARK

Services include those which:
1. Allow one person to talk to
another.
2. Transmit messages from
one person to another.
IPR

3. Place a person in oral or
visual communication with
another such as radio and
television services which
consist essentially of the
diffusion of radio or
television programme’s.
Does not include Radio
Advertising.
IPR

TRADEMARK PROTECTION
Trademark protection can
be obtained by filing an
application through the
National or Regional
Trademark office by
paying the requisite fees.
IPR
Parimal KOWTAL

International Trademark
Protection can be obtained
by filing an application with
the trademark office of the
country where the protection
is sought using the Madrid
System or Madrid Protocol.
TRADEMARK PROTECTIONIPR

Madrid System facilitates
the convenience for
registering and managing
trademarks worldwide.

The MADRID PROTOCOL
facilitates for obtaining
trademark registration by
filing a single application
through the National or
Regional Trademark Office.
The trademark protection can
be obtained in 114 countries.

Trademark registration can
be applied by a natural or
a domiciled citizen or a
person having an
industrial or a commercial
establishment in any of the
114 member countries.

Trademark Registration - National
Parimal KOWTAL

Trademark Registration - International

The period of trademark
protection is for 10
years and subsequently
renewed for indefinite
period.

Unauthorized usage of
trademark on products or
services that do not
compete with and have
little or no connection
with those of the original
trademark owner.
Trademark DilutionIPR

Unauthorized usage of
Trademark is Brand Piracy.
Trademark DilutionIPR

GEOGRAPHICAL
INDICATION (GI)
APPELLATION
OF ORIGIN (AO)
IPR
Parimal KOWTAL

GEOGRAPHICAL
INDICATION
IPR TRADEMARK
Parimal KOWTAL. E-mail: parimal.kowtal@gmail.com

A sign used on goods
that have a specific
Geographical Origin
and possess qualities
or reputation due to
the place of origin.
GEOGRAPHICAL
INDICATIONIPR

The product quality
may be based on
knowledge of
Traditional Methods
used in making the
product.
IPR

The use of a
Geographical Indication
acts as a certification.
IPR

The right to use a
certification belongs to
producers of goods in
the defined geographical
area, who comply with
the specific conditions
towards the production
of the product.
IPR

Geographical Indication (GI)
corresponds to a specific
geographical location like
town, region or country.
IPR
Parimal KOWTAL

●
Not limited to Agricultural
Products or Alcoholic
Beverages.
●
Products of Specific
Qualities, Manufacturing
Skills and Traditions.
GEOGRAPHICAL
INDICATIONIPR

Geographical indications
are awarded for
agricultural products,
foodstuffs, handicrafts,
industrial products, wine
and spirits.
IPR

Tirupati Ladoo
Darjeeling Tea
Nagpur Orange
Pashmina Shawl
IPR

GEOGRAPHICAL
INDICATION
IPR
Invaluable Treasures of Incredible India

Protection may be
requested by a producer
or producers of the
product identified.
IPR
Parimal KOWTAL

The producers may be an
organized entity, a
cooperative body or an
association, which
represents the producers
of the product and ensures
that the product fulfills the
requirements agreed upon
and adheres to the criteria.
GIIPR

The protection may also
be requested by a
competent national
authority, a local
government authority,
the national or regional
patent office.
GIIPR

In some countries the
function of granting GI
protection is carried out
by a special body
responsible for GI
protection.
Copyright or Industrial
Property or Intellectual
Property Offices.
IPR

A Geographical Indication
right prevents its use by a
third party whose product
does not conform to the
applicable standards.
IPR

The jurisdiction in which the
Darjeeling Tea is protected,
the producers of Tea can
exclude use of the term
Darjeeling for Tea not grown
in their tea gardens or not
produced according to the
standards set in the code of
practice for the Geographical
Indication.
IPR
Parimal KOWTAL

A protected Geographical
Indication does not forbid
the holder in preventing
someone from making a
product using the same
techniques as those set in
the standards for that
indication.
IPR

protection right is granted
for goods or products only.
IPR

The Nice Classification is
applicable to
protection for goods
comprising of 34 classes.
IPR

Geographical
Indications are
not subject to a
specific period
of validity.
IPR

The protection for a
registered Geographical
Indication remains valid
unless the registration is
canceled.
IPR
Parimal KOWTAL

goods or products may
be protected under
Collective or Certification
Marks.
IPR

protection for goods or
products registered
under collective or
certification marks are
generally protected for
ten-year renewable
periods.
IPR

A Geographical Indication
cannot be assigned or
licensed outside the
Geographical Jurisdiction
or to a person not
belonging to the group of
authorized producers.
IPR

A GEOGRAPHICAL
INDICATION of a
SOURCE can be defined
as an indication referring
to a country or a place in
a country or the place of
origin of a product.
IPR
Parimal KOWTAL

Indications of the source
on a product are the
mention of the name of a
country or indications
such as Made in India or
Product of India.
IPR

Consumers pay more
attention to the geographical
origin of the products and
many care about specific
characteristics present in the
products when they buy.
IPR

The Place of Origin
suggests to the
consumers that the
product will have a
particular quality or
characteristic that
they may value.
IPR

(GI) function’s as a product
differentiator in the market,
by enabling consumers to
distinguish between
products with geographical
origin-based characteristics
and others without those.
IPR

Geographical Indications
can be a key element in
developing collective
brands for quality-
bound-to-origin of
products.
IPR
Parimal KOWTAL

Protecting a Geographical
Indication (GI) helps
those who have the right
to use the indication to
take measures against
those who use it without
permission and benefit
from its reputation.
IPR

Geographical Indication’s
reputation is a valuable,
collective and intangible
asset.
IPR

if not protected, it could
be used without
restriction, diminishing
its value and eventually
losing it.
IPR

Protecting a GI is a way
to prevent registration of
the indication as a
trademark by a third
party and limiting the risk
of the indication
becoming a generic term.
IPR

GI’s backed up by business
management, can bring with
them:
●
Competitive advantage
●
More added value to a product
●
Increased export opportunities
●
A strengthened brand.
IPR
Parimal KOWTAL

APPELLATION
OF ORIGIN
IPR

APPELLATION OF ORIGIN
Appellation of Origin
(AO) is a special kind of
(GI).
IPR

APPELLATION OF ORIGIN
and Appellation of Origin
require a qualitative link
between the product to
which they refer and its
place of origin.
IPR

GI and AO inform
consumers about a
product’s geographical
origin and a quality or a
characteristic of the
product linked to its
place of origin.
IPR
Parimal KOWTAL

The basic difference
between GI and AO
concepts is that the link
with the place of origin
must be stronger in the
case of an Appellation
of Origin.
IPR

The quality or
characteristics of a
product protected as
an appellation of origin
must result exclusively
or essentially from its
geographical origin.
IPR

In case of Appellation of
Origin the raw material
should be sourced in the
place of origin and that
the processing of the
product should also take
place at the source of
origin of the raw material.
IPR

In the case of GI, a single
criterion attributable to
geographical origin is
sufficient – be it a quality
or other characteristic of
the product – or its
reputation.
IPR
Parimal KOWTAL

Intellectual Property Right (IPR) - TRADEMARK

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