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Trademark
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- 2. SUBMITTED TO: DR. HEMANTSOOD JUIT, WAKNAGHAT, SOLAN, HIMACHAL PRADESH
- 3. TRADEMARK • Trademark isan intellectual property , it is a typically name , word , phrase , logo , design , symbol, image, sound and what not. • They appear on the product or its packaging. Anything that specifically helps in identification of a company can be a trademark. It can be for goods or services. • They are important for business as they allow the companies to establish the reputation of the products which they produce.
- 4. A TRADEMARK MAYBE 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
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- 6. TRADEMARK LAW TREATY (TLT)(1994) • The aim of the Trademark Law Treaty (TLT) is to standardize and streamline national and regional trademark registration procedures. • The great majority of the provisions of the TLT concern the procedure before a trademark office which can be divided into three main phases: 1. Application for registration , 2. Changes after registration , and 3. Renewal.
- 7. APPLICATION FOR REGISTRATION UNDERTLT • The Contracting Parties to the TLT may require, as a maximum, the following indications: a request, the name and address and other indications concerning the applicant and the representative; various indications concerning the mark, including a certain number of representations of the mark; the goods and services for which registration is sought classified in the relevant class of the Nice Classification and, where applicable, a declaration of intention to use the mark. • NICE CLASSIFICATION : established under the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (1957) • 45 different classes for Goods and Services.
- 8. PRODUCTS (UNDER NICE CLASSIFICATION) •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) • 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)
- 9. SERVICES (UNDER NICE CLASSIFICATION) •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)
- 10. CHANGES AFTER REGISTRATION •The trademark procedure covered by the TLT concerns changes in names or addresses and changes in the ownership of the registration. RENEWAL • Renewal, the TLT standardizes the duration of the initial period of registration and the duration of each renewal to 10 years each.
- 11. LICENSING OF TRADEMARKS IN INDIA • The term “Licensing of trademark” has not been defined or rendered specific mention in the Trademark Act, 1999. However, the law pertaining to the Licensing of Trademarks is enshrined under Section 48 of Trademark Act, 1999 which provides for “Registered Users”. Section 48 of Trademark Act • It stipulates that a person other than the registered proprietor of trademark may be registered as a registered user.
- 12. SECTION 47 OFTRADEMARK ACT, 1999 • It provides for removal of trademark from register on grounds of non-use of the mark. It provides that a registered trademark may be taken off the register in respect of goods or services in respect of which it is registered on application made in the prescribed manner. According to the statutory provision, any person who is aggrieved that a registered trademark has not been used for a continuous period of 5 years and 3 months from the date of which the mark was actually entered in the register of trademarks then he can make an application for removal of the trademark from the Register.
- 13. SECTION 49 OFTHE TRADEMARK ACT • It enumerates the process for registration as a registered user. The essentials for licensing of trademark or registration as registered user are: The registered proprietor and the registered user shall jointly apply in writing i.e. Trademark License Agreement, to the Registrar of Trademark in the following manner:- The agreement shall be in writing with respect to permitted use of the trademark.
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- 16. • It isestablished in August 2010 by founder Mr. Vijay Shekhar Sharma , Noida. • It started off as a mobile recharge, DTH recharge, bill payment, etc. • Money transaction starts since 2013. • By January 2014, the company launched the Paytm Wallet, and the Indian Railways and Uber added it as a payment option.It launched into e-commerce with online deals and bus ticketing. In 2015, it unveiled more use-cases like education fees, metro recharges, electricity, gas, and water bill payments. It also started powering the payment gateway for Indian Railways.
- 17. • PayPal wasestablished in December 1998 as Confinity,in San Jose, California, United States , a company that developed security software for handheld devices. PayPal was founded by six persons: Max Levchin, Peter Thiel, Luke Nosek, Ken Howery, Yu Pan and Russel Simmons. • PayPal was developed and launched as a money transfer service at Confinity in 1999, funded by John Malloy from BlueRun Ventures.
- 18. CONT. • On November18, 2016, Paypal Inc. filed an objection at the Indian Trademark Office accusing Paytm, an Indian mobile wallet company, of trademark infringement. • Rapid growth in that short a time earns Paytm not only great profits and valuation, but also the attention of global competitors like PayPal. In its complaint, PayPal accused Paytm of having “slavishly adopted the two- tone blue color scheme” of PayPal’s own logo in entirety, and especially where “The first syllable in each mark is in dark blue color and the second syllable in a light blue color”. • PayPal also noted that “both marks begin with the term ‘PAY’ which consumers tend to remember more than the second syllable, with the marks being of similar length.”
- 19. CONT. • Paytm appliedfor a trademark registration on July 18, 2016 – which means its four month window expired on November 18, 2016. • PayPal’s last-day complaint has thus raised many an eyebrow on why a company like PayPal – with ample legal resources at hand – would wait right until the end of the window to file the complaint. Needless to say, it was only after the demonetization that PayPal felt threatened (read jealous) by the rise of Paytm in a market that until now has been ignored, underserved and/or underperformed by PayPal. • PayPal had not registered its own trademark in India until after the demonetization – a fact that Paytm’s lawyer will undoubtedly cite at trial.
- 20. IS PAYTM ANDPAYPAL BRANDING SIMILAR? • The names PayPal and Paytm are similar to the extent both start with the world “Pay” – however given that both companies operate in the electronic transactions space, PayPal would have a tough time winning the argument based on just the word “Pay” in the name. • precedent strongly in favour of Paytm here. In Micro nix India vs Mr. J.R. Kapoor, for example, the Supreme Court observed that micro-chip technology being the basis of many of the electronic products, the word “micro” has much relevance in describing the products and therefore no one can claim monopoly over the use of the said word. • Applying the same logic in this case, the word “Pay” has little distinctive relevance in the market to which PayPal and Paytm cater.
- 21. CAN COLORS ORCOLOR COMBINATIONS BE TRADEMARKED IN INDIA? • The color tones while not identical – are undoubtedly similar – the first syllable is a darker shade of blue while the second syllable is light blue. • The Paytm logo uses color codes #042e6f (dark blue) and #00baf2 (light blue) while PayPal uses #002d8b (dark blue) and #009be1 (light blue) – so one could argue that the colors are not exactly identical. • The Indian Trademark Law does protect colors to the extent the colors or combination of colors confer a distinctive characteristic to a product or service. Schedule 10 of the Trade Marks Act, 1999, pertains specifically to use of colors.
- 22. WOULD AN ORDINARYCONSUMER INTENDING TO USE PAYPAL BE CONFUSED INTO USING PAYTM INSTEAD? • PayPal’s foray into India has been limited largely to eBay shoppers, freelancers and IT software developers that are exposed to global economy much more than the ordinary consumer – which means that if PayPal and/or Paytm were to conduct a survey, it would likely result strongly in favor of Paytm. • PayPal chosen to file a trademark infringement lawsuit before the demonetization move was announced (or perhaps anytime in 2011-2014) when Paytm had not yet established its household name status, it would have been a much easier battle (albeit also bearing much less rewards). • PayPal would however be much better placed to win this dispute in virtually any other country (if and when Paytm expands its operations in those countries) – where PayPal still is recognized as a global payments leader.
- 23. CONCLUSION OF LASTVERDICT IN THIS CASE • Paytm did not copying trademark of paypal. • Court last verdict was that paytm did not infringement of paypal logo. • The was closed for that verdict.
- 24. CASE NAME: MUNISHKUMAR SINGLA TRADING AS CHAKSHU FOOD PRODUCTS V. JOLLIBEE FOODS CORPORATION • Delhi HC: MNC’s can’t claim right on Trademark if they don’t use it in India under Section 47 of Trademark Act, 1999 provides for removal of trademark from register on grounds of non-use of the mark. • In this recent case, the Supreme Court was confronted with non-use of the impugned trademark and made a scathing attack on grant of injunction by the Trial Court in the case on the very first day of decreeing the suit itself. • In this context, Delhi High Court made reference to Supreme Court’s verdict in the case of Milmet Oftho Industries and Others vs. Allergan Inc. , wherein it was held that multinational companies have no right to claim exclusivity of the trademark if they do not enter or intend in a reasonable time to enter into business in India and which observations squarely apply in the facts of this case where in spite of registration since the year 2005 till today in the year 2017 the respondent has not commenced his business in India.
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- 26. REFERENCES • Internet Photos, https://www.google.com/search?biw=1522&bih=714&tbm=isch&sa=1&ei=NbKMXdT2BNXB3LUPiPaE6Ac&q=kfc+logo&oq=kfc+l&gs_l=img.3.0 0i67l10.15546.15876..19083...0.0..0.957.1468.5-1j1......0....1..gws-wiz-img.bP7dNO-HSGQ#imgrc=Yp5rHPuPGojphM:, • https://www.google.com/search?biw=1522&bih=714&tbm=isch&sa=1&ei=UbKMXevEEe_hz7sPtbOlgAU&q=mc+d+logo&oq=mc+d+logo&gs_l =img.3...28496.31856..32346...0.0..1.2044.4082.6-1j1j0j1......0....1..gws-wiz- img.B6gNX5KlgsA&ved=0ahUKEwirsaPfwe7kAhXv8HMBHbVZCVAQ4dUDCAc&uact=5#imgrc=wDLRjKTIP_KLhM: . • Case study , https://www.ipwatchdog.com/2017/01/02/paypal-accuses-paytm-trademark-infringement-india/id=75995/ , https://www.biswajitsarkar.com/blog/case-studies/145.html , https://vakilsearch.com/advice/trademark-infringement-india/ • Wikipedia , https://en.wikipedia.org/wiki/PayPal , https://en.wikipedia.org/wiki/Paytm etc • Videos :https://youtu.be/J-PYuZOPrzI, https://www.youtube.com/watch?v=2aHcfcadJW4&t=1s , Lex Animata. • Photos https://www.google.com/search?q=Vijay+Shekhar+Sharma&sa=X&stick=H4sIAAAAAAAAAOPgE- LWz9U3MDQ2NMo2K1KCcowtc9PMtdSzk630k0qLM_NSi4vhjPj8gtSixJLM_DyrtPzSvJTUokWsImGZWYmVCsEZqdkZiUVAOrEoNxEAZ4py8FwAAA biw=1522&bih=714&tbm=isch&source=iu&ictx=1&fir=ci3aGhyhcB_FiM%253A%252CHWgAGSVdzf300M%252C%252Fm%252F01339mf7&vet=1 &usg=AI4_-kSi1mn0hvT6lTvjJNZonJzEUG1AAA&ved=2ahUKEwjr2-Cvv- 7kAhWNd94KHVHRCMEQ_B0wIXoECAoQAw#imgrc=ci3aGhyhcB_FiM:&vet=1 • https://en.wikipedia.org/wiki/PayPal#/media/File:PayPal_San_Jose_Headquarters.jpg
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