A trademark is a distinctive sign or indicator that identifies products or services from a particular source. Trademarks can take many forms including names, logos, symbols or designs. In India, trademarks are governed by the Trademarks Act of 1999 and common law. The document discusses the definition of trademarks, registration process, infringement, advantages of registration, and classification of trademarks. Registering a trademark provides exclusive rights to its use and legal protection against infringement.
A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others
The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings.
A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others
The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings.
An overview of the basics of US trademark law for entrepreneurs, business people, and creative professionals. "What Is a Trademark?" includes the following:
A brief definition of trademarks.
Definitions of the other forms of intellectual property (copyright, patent, and trade secrets).
Types of trademarks.
What's trade dress?
How are trademark rights acquired?
Trademark registration, and what do those symbols ™ and ® mean, anyway?
How long do trademark rights last?
For more information, please go to LizerbramLaw.com
The above presentation is a step to simplify the concept of Trademark in India.It also focuses on the process of registration under the Trademarks Act 1999.
The presentation simplifies the steps involved and makes it easier to understand the same.
Note:-The following presentation is a general writing containing contents derived from basic knowledge and relevant books and articles.Also it is the original work of the writer.
Indian Trademarks Act presentation with case study of
1. Amul vs Ichhamati Co-Operative Milk Producers Union Limited
2. SBL Limited v. Himalaya Drug Company
3. Colgate Pamolive Co vs Anchor Health and Beauty care
A trademark or trade mark is a distinctive sign or indicator of some kind which is used by an individual, business organization or other legal entity to uniquely identify the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities....
A copyright is a legal right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematography films and sound recordings. Business entities often copyright instruction manuals, product literature and user guides. Copyright is usually owned by the maker of the work, but may also be owned by the employer of its creator or the person who has authorized the work (unless there is an agreement to the contrary in either case).
A detail discussion on Trademark law in India and landmark cases relating to trademark infringement, passing off action and remedies thereof have been discussed in this ppt. Illustrations have been provided wherever necessary for more understanding.
Enforcement of Intellectual Property Rights (IPR) in IndiaVijay Dalmia
Enforcement of Intellectual Property Rights in India - See the presentation to understand the nuances of enforcement of IPR ( Trade Mark, Copyright, Patents, Designs etc.) by civil and criminal remedies in India.
Geographical Indications (GI)
Types of GI
Why GI needs to be protected?
Advantages of GI
How are GIs Protected?
WIPO and GI
GI in India
Registration process
GI in Tamil Nadu
An overview of the basics of US trademark law for entrepreneurs, business people, and creative professionals. "What Is a Trademark?" includes the following:
A brief definition of trademarks.
Definitions of the other forms of intellectual property (copyright, patent, and trade secrets).
Types of trademarks.
What's trade dress?
How are trademark rights acquired?
Trademark registration, and what do those symbols ™ and ® mean, anyway?
How long do trademark rights last?
For more information, please go to LizerbramLaw.com
The above presentation is a step to simplify the concept of Trademark in India.It also focuses on the process of registration under the Trademarks Act 1999.
The presentation simplifies the steps involved and makes it easier to understand the same.
Note:-The following presentation is a general writing containing contents derived from basic knowledge and relevant books and articles.Also it is the original work of the writer.
Indian Trademarks Act presentation with case study of
1. Amul vs Ichhamati Co-Operative Milk Producers Union Limited
2. SBL Limited v. Himalaya Drug Company
3. Colgate Pamolive Co vs Anchor Health and Beauty care
A trademark or trade mark is a distinctive sign or indicator of some kind which is used by an individual, business organization or other legal entity to uniquely identify the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities....
A copyright is a legal right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematography films and sound recordings. Business entities often copyright instruction manuals, product literature and user guides. Copyright is usually owned by the maker of the work, but may also be owned by the employer of its creator or the person who has authorized the work (unless there is an agreement to the contrary in either case).
A detail discussion on Trademark law in India and landmark cases relating to trademark infringement, passing off action and remedies thereof have been discussed in this ppt. Illustrations have been provided wherever necessary for more understanding.
Enforcement of Intellectual Property Rights (IPR) in IndiaVijay Dalmia
Enforcement of Intellectual Property Rights in India - See the presentation to understand the nuances of enforcement of IPR ( Trade Mark, Copyright, Patents, Designs etc.) by civil and criminal remedies in India.
Geographical Indications (GI)
Types of GI
Why GI needs to be protected?
Advantages of GI
How are GIs Protected?
WIPO and GI
GI in India
Registration process
GI in Tamil Nadu
PPT on Trade mark act, 1999_(Rohan, Shweta, Soumya)RohanShah221
Trade Marks Act, 1999
-Introduction of TM
-History of TM
-Functions of TM
-Importance of TM
-Objective of TM
-Types of TM
-Procedure for Registering TM
-Advantages of Registering a TM
-Arrangement of Sections
-Rules of TM
-Trade Mark Infringement
-Trade Mark Remedies
-Penalties
-Conclusion
-References
For trademark registration in India, there is the Trademark Act 1999, which allows you to register your trademark. You will be the exclusive owner of your brand's trademark through this. Nobody can use the same mark as it will be the only right of the registered owner.
Introduction - CRM- Definition, Emergence of CRM Practice, Factors responsible for CRM growth, CRM process, framework of CRM, Benefits of CRM, Types of CRM, Scope of CRM, Customer Profitability, Features Trends in CRM
, CRM and Cost-Benefit Analysis, CRM and Relationship Marketing.
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights.
Introduction:
RNA interference (RNAi) or Post-Transcriptional Gene Silencing (PTGS) is an important biological process for modulating eukaryotic gene expression.
It is highly conserved process of posttranscriptional gene silencing by which double stranded RNA (dsRNA) causes sequence-specific degradation of mRNA sequences.
dsRNA-induced gene silencing (RNAi) is reported in a wide range of eukaryotes ranging from worms, insects, mammals and plants.
This process mediates resistance to both endogenous parasitic and exogenous pathogenic nucleic acids, and regulates the expression of protein-coding genes.
What are small ncRNAs?
micro RNA (miRNA)
short interfering RNA (siRNA)
Properties of small non-coding RNA:
Involved in silencing mRNA transcripts.
Called “small” because they are usually only about 21-24 nucleotides long.
Synthesized by first cutting up longer precursor sequences (like the 61nt one that Lee discovered).
Silence an mRNA by base pairing with some sequence on the mRNA.
Discovery of siRNA?
The first small RNA:
In 1993 Rosalind Lee (Victor Ambros lab) was studying a non- coding gene in C. elegans, lin-4, that was involved in silencing of another gene, lin-14, at the appropriate time in the
development of the worm C. elegans.
Two small transcripts of lin-4 (22nt and 61nt) were found to be complementary to a sequence in the 3' UTR of lin-14.
Because lin-4 encoded no protein, she deduced that it must be these transcripts that are causing the silencing by RNA-RNA interactions.
Types of RNAi ( non coding RNA)
MiRNA
Length (23-25 nt)
Trans acting
Binds with target MRNA in mismatch
Translation inhibition
Si RNA
Length 21 nt.
Cis acting
Bind with target Mrna in perfect complementary sequence
Piwi-RNA
Length ; 25 to 36 nt.
Expressed in Germ Cells
Regulates trnasposomes activity
MECHANISM OF RNAI:
First the double-stranded RNA teams up with a protein complex named Dicer, which cuts the long RNA into short pieces.
Then another protein complex called RISC (RNA-induced silencing complex) discards one of the two RNA strands.
The RISC-docked, single-stranded RNA then pairs with the homologous mRNA and destroys it.
THE RISC COMPLEX:
RISC is large(>500kD) RNA multi- protein Binding complex which triggers MRNA degradation in response to MRNA
Unwinding of double stranded Si RNA by ATP independent Helicase
Active component of RISC is Ago proteins( ENDONUCLEASE) which cleave target MRNA.
DICER: endonuclease (RNase Family III)
Argonaute: Central Component of the RNA-Induced Silencing Complex (RISC)
One strand of the dsRNA produced by Dicer is retained in the RISC complex in association with Argonaute
ARGONAUTE PROTEIN :
1.PAZ(PIWI/Argonaute/ Zwille)- Recognition of target MRNA
2.PIWI (p-element induced wimpy Testis)- breaks Phosphodiester bond of mRNA.)RNAse H activity.
MiRNA:
The Double-stranded RNAs are naturally produced in eukaryotic cells during development, and they have a key role in regulating gene expression .
Richard's entangled aventures in wonderlandRichard Gill
Since the loophole-free Bell experiments of 2020 and the Nobel prizes in physics of 2022, critics of Bell's work have retreated to the fortress of super-determinism. Now, super-determinism is a derogatory word - it just means "determinism". Palmer, Hance and Hossenfelder argue that quantum mechanics and determinism are not incompatible, using a sophisticated mathematical construction based on a subtle thinning of allowed states and measurements in quantum mechanics, such that what is left appears to make Bell's argument fail, without altering the empirical predictions of quantum mechanics. I think however that it is a smoke screen, and the slogan "lost in math" comes to my mind. I will discuss some other recent disproofs of Bell's theorem using the language of causality based on causal graphs. Causal thinking is also central to law and justice. I will mention surprising connections to my work on serial killer nurse cases, in particular the Dutch case of Lucia de Berk and the current UK case of Lucy Letby.
Cancer cell metabolism: special Reference to Lactate PathwayAADYARAJPANDEY1
Normal Cell Metabolism:
Cellular respiration describes the series of steps that cells use to break down sugar and other chemicals to get the energy we need to function.
Energy is stored in the bonds of glucose and when glucose is broken down, much of that energy is released.
Cell utilize energy in the form of ATP.
The first step of respiration is called glycolysis. In a series of steps, glycolysis breaks glucose into two smaller molecules - a chemical called pyruvate. A small amount of ATP is formed during this process.
Most healthy cells continue the breakdown in a second process, called the Kreb's cycle. The Kreb's cycle allows cells to “burn” the pyruvates made in glycolysis to get more ATP.
The last step in the breakdown of glucose is called oxidative phosphorylation (Ox-Phos).
It takes place in specialized cell structures called mitochondria. This process produces a large amount of ATP. Importantly, cells need oxygen to complete oxidative phosphorylation.
If a cell completes only glycolysis, only 2 molecules of ATP are made per glucose. However, if the cell completes the entire respiration process (glycolysis - Kreb's - oxidative phosphorylation), about 36 molecules of ATP are created, giving it much more energy to use.
IN CANCER CELL:
Unlike healthy cells that "burn" the entire molecule of sugar to capture a large amount of energy as ATP, cancer cells are wasteful.
Cancer cells only partially break down sugar molecules. They overuse the first step of respiration, glycolysis. They frequently do not complete the second step, oxidative phosphorylation.
This results in only 2 molecules of ATP per each glucose molecule instead of the 36 or so ATPs healthy cells gain. As a result, cancer cells need to use a lot more sugar molecules to get enough energy to survive.
Unlike healthy cells that "burn" the entire molecule of sugar to capture a large amount of energy as ATP, cancer cells are wasteful.
Cancer cells only partially break down sugar molecules. They overuse the first step of respiration, glycolysis. They frequently do not complete the second step, oxidative phosphorylation.
This results in only 2 molecules of ATP per each glucose molecule instead of the 36 or so ATPs healthy cells gain. As a result, cancer cells need to use a lot more sugar molecules to get enough energy to survive.
introduction to WARBERG PHENOMENA:
WARBURG EFFECT Usually, cancer cells are highly glycolytic (glucose addiction) and take up more glucose than do normal cells from outside.
Otto Heinrich Warburg (; 8 October 1883 – 1 August 1970) In 1931 was awarded the Nobel Prize in Physiology for his "discovery of the nature and mode of action of the respiratory enzyme.
WARNBURG EFFECT : cancer cells under aerobic (well-oxygenated) conditions to metabolize glucose to lactate (aerobic glycolysis) is known as the Warburg effect. Warburg made the observation that tumor slices consume glucose and secrete lactate at a higher rate than normal tissues.
The increased availability of biomedical data, particularly in the public domain, offers the opportunity to better understand human health and to develop effective therapeutics for a wide range of unmet medical needs. However, data scientists remain stymied by the fact that data remain hard to find and to productively reuse because data and their metadata i) are wholly inaccessible, ii) are in non-standard or incompatible representations, iii) do not conform to community standards, and iv) have unclear or highly restricted terms and conditions that preclude legitimate reuse. These limitations require a rethink on data can be made machine and AI-ready - the key motivation behind the FAIR Guiding Principles. Concurrently, while recent efforts have explored the use of deep learning to fuse disparate data into predictive models for a wide range of biomedical applications, these models often fail even when the correct answer is already known, and fail to explain individual predictions in terms that data scientists can appreciate. These limitations suggest that new methods to produce practical artificial intelligence are still needed.
In this talk, I will discuss our work in (1) building an integrative knowledge infrastructure to prepare FAIR and "AI-ready" data and services along with (2) neurosymbolic AI methods to improve the quality of predictions and to generate plausible explanations. Attention is given to standards, platforms, and methods to wrangle knowledge into simple, but effective semantic and latent representations, and to make these available into standards-compliant and discoverable interfaces that can be used in model building, validation, and explanation. Our work, and those of others in the field, creates a baseline for building trustworthy and easy to deploy AI models in biomedicine.
Bio
Dr. Michel Dumontier is the Distinguished Professor of Data Science at Maastricht University, founder and executive director of the Institute of Data Science, and co-founder of the FAIR (Findable, Accessible, Interoperable and Reusable) data principles. His research explores socio-technological approaches for responsible discovery science, which includes collaborative multi-modal knowledge graphs, privacy-preserving distributed data mining, and AI methods for drug discovery and personalized medicine. His work is supported through the Dutch National Research Agenda, the Netherlands Organisation for Scientific Research, Horizon Europe, the European Open Science Cloud, the US National Institutes of Health, and a Marie-Curie Innovative Training Network. He is the editor-in-chief for the journal Data Science and is internationally recognized for his contributions in bioinformatics, biomedical informatics, and semantic technologies including ontologies and linked data.
Multi-source connectivity as the driver of solar wind variability in the heli...Sérgio Sacani
The ambient solar wind that flls the heliosphere originates from multiple
sources in the solar corona and is highly structured. It is often described
as high-speed, relatively homogeneous, plasma streams from coronal
holes and slow-speed, highly variable, streams whose source regions are
under debate. A key goal of ESA/NASA’s Solar Orbiter mission is to identify
solar wind sources and understand what drives the complexity seen in the
heliosphere. By combining magnetic feld modelling and spectroscopic
techniques with high-resolution observations and measurements, we show
that the solar wind variability detected in situ by Solar Orbiter in March
2022 is driven by spatio-temporal changes in the magnetic connectivity to
multiple sources in the solar atmosphere. The magnetic feld footpoints
connected to the spacecraft moved from the boundaries of a coronal hole
to one active region (12961) and then across to another region (12957). This
is refected in the in situ measurements, which show the transition from fast
to highly Alfvénic then to slow solar wind that is disrupted by the arrival of
a coronal mass ejection. Our results describe solar wind variability at 0.5 au
but are applicable to near-Earth observatories.
A brief information about the SCOP protein database used in bioinformatics.
The Structural Classification of Proteins (SCOP) database is a comprehensive and authoritative resource for the structural and evolutionary relationships of proteins. It provides a detailed and curated classification of protein structures, grouping them into families, superfamilies, and folds based on their structural and sequence similarities.
(May 29th, 2024) Advancements in Intravital Microscopy- Insights for Preclini...Scintica Instrumentation
Intravital microscopy (IVM) is a powerful tool utilized to study cellular behavior over time and space in vivo. Much of our understanding of cell biology has been accomplished using various in vitro and ex vivo methods; however, these studies do not necessarily reflect the natural dynamics of biological processes. Unlike traditional cell culture or fixed tissue imaging, IVM allows for the ultra-fast high-resolution imaging of cellular processes over time and space and were studied in its natural environment. Real-time visualization of biological processes in the context of an intact organism helps maintain physiological relevance and provide insights into the progression of disease, response to treatments or developmental processes.
In this webinar we give an overview of advanced applications of the IVM system in preclinical research. IVIM technology is a provider of all-in-one intravital microscopy systems and solutions optimized for in vivo imaging of live animal models at sub-micron resolution. The system’s unique features and user-friendly software enables researchers to probe fast dynamic biological processes such as immune cell tracking, cell-cell interaction as well as vascularization and tumor metastasis with exceptional detail. This webinar will also give an overview of IVM being utilized in drug development, offering a view into the intricate interaction between drugs/nanoparticles and tissues in vivo and allows for the evaluation of therapeutic intervention in a variety of tissues and organs. This interdisciplinary collaboration continues to drive the advancements of novel therapeutic strategies.
2. A trademark or trade mark is a distinctive sign or
indicator of some kind which is used by an
individual, business organization or other legal
entity to uniquely identify the source of its
products and/or services to consumers, and to
distinguish its products or services from those of
other entities
A trademark is a device which can take almost
any form, as long as it is capable of identifying
and distinguishing specific goods or services.
3. A trademark may be designated by the following
symbols:
(for an Unregistered Trademark, 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)
4.
5.
6. A trademark is typically a name, word, phrase,
logo, symbol, design, image, sound or a
combination of these elements.
There is also a range of non-conventional
trademark comprising marks which do not fall into
these standard categories, may therefore be
visible signs (e.g. colors, shapes, moving images,
holograms, positions), or non-visible signs (e.g.
sounds, scents, tastes, textures).
7. Indian Trademark law
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.
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. HISTORY(Indian Context)
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.
9. 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.
10. 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.
11. Trademark According to Section 2 (zb) of the
Trade Marks Act, 1999, “trade mark 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
and may include shape of goods, their packaging
and combination of colours.”
A mark can include a device, brand, heading,
label, ticket, name, signature, word, letter,
numeral, shape of goods, packaging or
combination of colours or any such combinations
12. Trademark Classification in India Trademark in
India is classified in about 45 different classes,
which includes chemical substances used in
industry, paints, lubricants machine and machine
tools, medical and surgical instruments,
stationary, lather, household, furniture, textiles,
games, beverages preparatory material, building
material, sanitary material, and hand tools, other
scientific and educational products.
These classes again are further sub-divided. The
main objective of trademark classification is to
group together the similar nature of goods and
services. Here are the classes for product and for
services.
13. PRODUCTS
Class 1 (Chemicals)
Class 2 (Paints)
Class 3 (Cosmetics and Cleaning Preparations)
Class 4 (Lubricants and Fuels)
Class 5 (Pharmaceuticals)
Class 6 (Metal Goods)
Class 7 (Machinery)
Class 8 (Hand Tools)
Class 9 (Electrical and Scientific Apparatus)
Class 10 (Medical Apparatus)
14. • Class 11 (Environmental Control Apparatus)
• Class 12 (Vehicles)
• Class 13 (Firearms)
• Class 14 (Jewelry)
• Class 15 (Musical Instruments)
• Class 16 (Paper Goods and Printed Matter)
• Class 17 (Rubber Goods)
• Class 18 (Leather Goods)
• Class 19 (Non-metallic Building Materials)
•Class 20 (Furniture and Articles Not Otherwise Classified)
• Class 21 (Housewares and Glass)
•Class 22 (Cordage and Fibers)
•Class 23 (Yarns and Threads)
• Class 24 (Fabrics)
• Class 25 (Clothing)
•Class 26 (Fancy Goods)
• Class 27 (Floor Coverings)
•Class 28 (Toys and Sporting Goods)
• Class 29 (Meats and Processed Foods)
• Class 30 (Staple Foods)
• Class 31 (Natural Agricultural Products)
•Class 32 (Light Beverages)
• Class 33 (Wines and Spirits)
•Class 34 (Smokers' Articles)
15. SERVICES
Class 35 (Advertising and Business)
Class 36 (Insurance and Financial)
Class 37 (Building, Construction and Repair)
Class 38 (Telecommunication)
Class 39 (Transportation and Storage)
Class 40 (Treatment of Materials)
Class 41 (Education and Entertainment)
Class 42 (Computer, Scientific and Legal)
Class 43 (Hotels and Restaurants)
Class 44 (Medical, Beauty, and Agricultural)
Class 45 (Personal and Social Services)
16. TRADEMARK REGISTRATION
WHAT ARE THE TYPES OF
TRADEMARKS THAT CAN BE
REGISTERED ?
Under the Indian trademark law the following are the types
of trademarks that can be registered:
Product trademarks: are those that are affixed to identify
goods.
Service trademarks: are used to identify the services of an
entity, such as the trademark for a broadcasting service,
retails outlet, etc. They are used in advertising for services.
Certification trademarks: are those that are capable of
distinguishing the goods or services in connection with
which it is used in the course of trade and which are
certified by the proprietor with regard to their origin,
material, the method of manufacture, the quality or other
specific features
Collective trademarks: are registered in the name of
groups, associations or other organizations for the use of
17. Advantages of Trademark
Registration
1. Protects your hard earned goodwill in the business
2. Protects your Name / Brand Name from being used in a
same or similar fashion, by any other business firm, thus
discourages others from cashing on your well built goodwill
3. Gives your products a status of .Branded Goods.
4. Gives an impression to your customers that the
company is selling some standard Products or Services
5. The exclusive right to the use of the trade mark in
relation to the goods or services in respect of which the
trade mark is registered.
6. To obtain relief in respect of infringement (misuse by
others) of the trade mark.
7. Power to assign (transfer) the trade mark to others for
consideration.
18. Procedure/Steps for Trademark
Registration
1. Filing of an application for registration by a person claiming to be the
proprietor of a trademark, in the office of the Trade mark Registry, within
the territorial limits of the place of business in India.
2. Examination of the application by the Registrar to ascertain whether it
is distinctive and does not conflict with existing registered or pending
trademarks and examination report is issued.
3. Publication of the application after or before acceptance of the
application in the Trademark Journal
. 4. After publication if any person gives notice of his opposition to the
registration within three months which may be extended to the
maximum of one month.
5. If the opposition has been decided in favour of the applicant of the
registration of trademark, the Registrar shall register the Trademark.
6. On the registration of the Trademark the Registrar shall issue to the
applicant a Trademark Registration
7. Today, as per the Trademark Rules, 2002, the application fees
(similar to a tax) are Rs. 3500 per trademark.
19. Term/Duration of a Trademark in India
The term of registration of trademark is 10 (Ten)
years, but may be renewed subject to the payment of
the prescribed fee, in accordance with the provisions
of the Trademarks Act, 1999.
An application for renewal of a trademark can be filed
within six months from Constantia (Body) the expiry of
the last registration of trademark
. Use of the .TM. and ® symbols
Generally, one who has filed an application (pending
registration) can use the TM (trademark) designation
with the mark to alert the public of his exclusive claim.
The claim may or may not be valid. The registration
symbol, ®,may only be used when the mark is
registered.
20. Trademark Infringement
Trademark Infringement is a violation of exclusive rights
attaching to a trademark without the authorization of the
trademark owner or any licensee.
Trademark infringement mostly occurs when a person
uses a trademark which may be either a symbol or a
design, with resembles to the products owned by the other
party.
The trademark owner may begin a legal proceeding
against a party, which infringes its registration.
Offences shall be punishable with imprisonment for a term
of minimum of six months but which may extend to three
years and with a minimum fine of fifty thousand rupees but
which may extend to two lakh rupees or more.
For adequate and special reasons mentioned in the
judgement, the court may impose a sentence of
imprisonment for a term of less than six months or a fine of
less than fifty thousand rupees
21. Trademark Infringement
Example Case Amul won trademark case in Gujarat HC in
2007 It was concluded that Utterly Butterly Delicious
Amul's name cannot be used by any other proprietor even
if the company is selling goods other than that sold by the
proprietor, who has registered the trademark.
In a significant judgment, the Gujarat High Court has ruled
that a registered trademark user has the right to restrict
others using their trademark for different class or goods.
HC's judgment was in connection with a case where the
Kaira District Co-operative Milk Producers' Union
popularly Amul Dairy and the Gujarat Co-operative Milk
Marketing Federation (GCMMF) had filed trademark
infringement cases against two local shop owners, Amul
Chasmaghar and Amul Cut Piece Stores in the district
court.
While Kaira Union owns brand Amul, GCMMF manages
the brand. It was on April 25, in 2007 year that the district
court had passed an order that it was a clear case of
infringement and restrained the two from using Amul
trademark.
Amul Chasmaghar however had challenged the district
22. Conclusion
The trade mark is for protecting the name of the product or
services rather the product itself;
Trade mark assures the customer about the source of a
product, though the quality of the product is not assured by the
trade mark;
The trade mark should be distinctive;
Deceptively similar marks, geographical names etc. can not be
registered as a trade mark;
In India, the Trade Mark Act of 1999 is presently in force;
The term of trade mark protection is 10 years, which can be
renewed from time to time, indefinitely;
Trade mark can be assigned or transmitted;
Using deceptively similar marks, falsifying the mark or using
unregistered mark cause infringement under Trade Mark Act;
and
The penalties against offences related to trade mark can range
from fine to imprisonment.