TARDEMARK: 
A Trade Mark is a visual symbol in the form of a word , a device ,or a label applied to articles of 
commerce with a view to indicate to the purchasing public that is a good manufactured or 
otherwise dealt in by a particular person as distinguished from similar goods dealt or 
manufacture by other persons. 
A trademark is designated by the following symbols: 
 ™ (for an unregistered trade mark, 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) 
A trademark is a type of intellectual property, and typically a name, word, phrase, logo, symbol, 
design, image, or a combination of these elements. A trademark identifies tangible good or 
product of a company or individual. 
A trade mark is granted protection on the basis of 
• First Adoption 
• First User 
• First Inventor 
• First Invention / Adoption/ User is superior then the Registration 
It is the subject of the WTO-TRIPS agreement. The period of protection for a trademark 
varies with respect to local legal constraints. Protection of such distinctive signs aims to 
stimulate creativity so as to ensure fair competition and to protect the customers by enabling 
them choices between various goods and services. 
OBJECT OF TRADE MARK: 
Is to deal with the precise nature of the rights which a person can acquire in respect of a TM-The 
mode of acquisition of such rights -the method of transfer of those rights to others-the precise 
nature of infringement of such rights-and the remedies available in respect thereof. 
FUNCTIONS OF A TRADE MARK: 
1. It identifies the product of its origin 
2. It guaranties its unchanged quality 
3. It advertises the products 
4. It creates an image for products. 
SERVICE MARK : 
A service mark identifies the services of a provider. Marks used by a company can functions as 
both. 
Service mark is a trademark used to identify services rendered by an organization from other. 
Titles, characters names are registered as service marks. 
Example: Airtel, Hutch, LIC and Star TV
GEOGRAPHICAL INDICATIONS: 
GI are signs used on goods that have a specific geographical origin and possess qualities or a 
reputation that are due to that place of origin. Agricultural products typically have qualities that 
derive from their place of production and are influenced by specific local factors, such as climate 
and soil. They may also highlight specific qualities of a product, which are due to human factors 
that can be found in the place of origin of the products, such as specific manufacturing skills and 
traditions. 
A geographical indication points to a specific place or region of production that determines the 
characteristic qualities of the product that originates therein. It is important that the product 
derives its qualities and reputation from that place. Place of origin may be a village or town, a 
region or a country. 
It is an exclusive right given to a particular community hence the benefits of its registration is 
shared by the all members of the community. Recently the GIs of goods like Chanderi Sarees, 
Kullu Shawls, and Wet Grinders etc have been registered. Keeping in view the large diversity of 
traditional products spread all over the country, the registration under GI will be very important 
in future growth of the tribes / communities / skilled artisans associated in developing such 
products. 
COPY RIGHTS: 
Copyright is a legal term describing rights given to creators for their literary and artistic works. 
The kinds of works covered by copyright include: literary works such as novels, poems, plays, 
reference works, newspapers and computer programs; databases; films, musical compositions, 
and choreography; artistic works such as paintings, drawings, photographs and sculpture; 
architecture; and advertisements, maps and technical drawings. Copyright subsists in a work by 
virtue of creation; hence it’s not mandatory to register. However, registering a copyright 
provides evidence that copyright subsists in the work & creator is the owner of the work. 
• Copyright protects 
– “…original works of authorship fixed in any tangible medium of expression, now 
known or later developed, from which they can be perceived, reproduced, or 
otherwise communicated, either directly or with the aid of a machine or device.” 
Creators often sell the rights to their works to individuals or companies best able to market the 
works in return for payment. These payments are often made dependent on the actual use of the 
work, and are then referred to as royalties. These economic rights have a time limit, (other than 
photographs) is for life of author plus sixty years after creator’s death.

Trademark

  • 1.
    TARDEMARK: A TradeMark is a visual symbol in the form of a word , a device ,or a label applied to articles of commerce with a view to indicate to the purchasing public that is a good manufactured or otherwise dealt in by a particular person as distinguished from similar goods dealt or manufacture by other persons. A trademark is designated by the following symbols:  ™ (for an unregistered trade mark, 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) A trademark is a type of intellectual property, and typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. A trademark identifies tangible good or product of a company or individual. A trade mark is granted protection on the basis of • First Adoption • First User • First Inventor • First Invention / Adoption/ User is superior then the Registration It is the subject of the WTO-TRIPS agreement. The period of protection for a trademark varies with respect to local legal constraints. Protection of such distinctive signs aims to stimulate creativity so as to ensure fair competition and to protect the customers by enabling them choices between various goods and services. OBJECT OF TRADE MARK: Is to deal with the precise nature of the rights which a person can acquire in respect of a TM-The mode of acquisition of such rights -the method of transfer of those rights to others-the precise nature of infringement of such rights-and the remedies available in respect thereof. FUNCTIONS OF A TRADE MARK: 1. It identifies the product of its origin 2. It guaranties its unchanged quality 3. It advertises the products 4. It creates an image for products. SERVICE MARK : A service mark identifies the services of a provider. Marks used by a company can functions as both. Service mark is a trademark used to identify services rendered by an organization from other. Titles, characters names are registered as service marks. Example: Airtel, Hutch, LIC and Star TV
  • 2.
    GEOGRAPHICAL INDICATIONS: GIare signs used on goods that have a specific geographical origin and possess qualities or a reputation that are due to that place of origin. Agricultural products typically have qualities that derive from their place of production and are influenced by specific local factors, such as climate and soil. They may also highlight specific qualities of a product, which are due to human factors that can be found in the place of origin of the products, such as specific manufacturing skills and traditions. A geographical indication points to a specific place or region of production that determines the characteristic qualities of the product that originates therein. It is important that the product derives its qualities and reputation from that place. Place of origin may be a village or town, a region or a country. It is an exclusive right given to a particular community hence the benefits of its registration is shared by the all members of the community. Recently the GIs of goods like Chanderi Sarees, Kullu Shawls, and Wet Grinders etc have been registered. Keeping in view the large diversity of traditional products spread all over the country, the registration under GI will be very important in future growth of the tribes / communities / skilled artisans associated in developing such products. COPY RIGHTS: Copyright is a legal term describing rights given to creators for their literary and artistic works. The kinds of works covered by copyright include: literary works such as novels, poems, plays, reference works, newspapers and computer programs; databases; films, musical compositions, and choreography; artistic works such as paintings, drawings, photographs and sculpture; architecture; and advertisements, maps and technical drawings. Copyright subsists in a work by virtue of creation; hence it’s not mandatory to register. However, registering a copyright provides evidence that copyright subsists in the work & creator is the owner of the work. • Copyright protects – “…original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” Creators often sell the rights to their works to individuals or companies best able to market the works in return for payment. These payments are often made dependent on the actual use of the work, and are then referred to as royalties. These economic rights have a time limit, (other than photographs) is for life of author plus sixty years after creator’s death.