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Assignment 1

The document discusses various aspects of trademark registration, including the eligibility of specific marks, types of trademarks, and the registration process. It explains that arbitrary trademarks can be registered, while generic terms and shapes that are essential to the product cannot. Additionally, it outlines the steps involved in the trademark application process and highlights the importance of understanding the meaning of trademarks in different languages for international use.

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26 views3 pages

Assignment 1

The document discusses various aspects of trademark registration, including the eligibility of specific marks, types of trademarks, and the registration process. It explains that arbitrary trademarks can be registered, while generic terms and shapes that are essential to the product cannot. Additionally, it outlines the steps involved in the trademark application process and highlights the importance of understanding the meaning of trademarks in different languages for international use.

Uploaded by

Trivia
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Weekly Exercise: Introduction to Trademark

Exercise 1:

1. Yes, Mr. Y can secure registration for the mark because the term ‘LAXMI’ can be
used in an arbitrary manner as an ‘Arbitrary Trademark’ to distinguish Mr. Y’s
business from others.

2. No, Vijay won’t be successful in registering the shape of the ice-cream (i.e., rectangle
ice-cream on a stick) as a trademark because Sec. 9(3) of the TradeMarks Act
excludes the registration of a trade mark which consists exclusively of:

 the shape of goods which results from the nature of the goods themselves; or
 the shape of goods which is necessary to obtain a technical result; or
 the shape which gives substantial value to the goods.

3. (A) Certificate marks are those marks which are used by the trade mark owner to
certify the origin, material, mode of manufacture of goods or performance of services,
quality, accuracy or other characteristics from goods or services to which they are
applied. For example, the ISI Mark issued by Bureau of Indian Standards (BIS) etc.
Whereas, Collective Marks are those marks which are applied by
organizations or associations (not being a Partnership Firm). These marks are used by
the members of such organizations or associations to distinguish their goods and
services from the goods or services of the non-members. For example, Chartered
Accountants can use the mark CA to denote that they are registered member of the
Institute of Chartered Accountants.
(B) Associated Trademarks are obtained when several trademarks are owned by the
same proprietor in respect of the same or similar goods or services, where all the
trademarks bear a material resemblance to each other.
(C) No, Aditya can’t secure registration for proposed trademark as the words
‘LEGAL SERVICES’ are generic words which are used commonly everyday to
describe the services provided by the company in question. Also, the proposed
trademark ‘LEGAL SERVICE’ is not distinctive in nature.
(D) Fanciful trademarks and Arbitrary tradenmarks enjoys the maximum trademark
protection.
Exercise 2:

1. (c) Aspirin is a generic trademark.

2.

3. Suggestive Trademarks are those that suggest a quality or characteristic of the goods
and services. They do not directly relate to the goods and services for which they are
in use, but they indicate or ‘suggest’ to the consumers the characteristics of the goods
or services.
(d) Amway is not a suggestive trademark.

4. Certification mark indicates – (c) both quality and origin.

5. Certification trademark

6. The following product can file for a device mark to protect its logo and its colour
combination. The shape of the bottle can also be protected as a Shape mark.

7. Step 1: At first, a trademark search is done to ensure that the proposed mark or logo
is not identical or similar to an existing logo or mark.
Step 2: Then, the Form TM-A should be filed.
Step 3: After that, the trademark application is examined. Then, the examination
report is issued by the examiner explaining any problems with the application.
Step 4: The reply to the examination report should be received within 30 days.
Step 5: The applicant will also be given an opportunity for presenting his/her case in
person before his application is rejected.
Step 6: If the Registrar is satisfied with the reply, the application is then adervtised in
the Trademarks Journal for a maximum period of 4 months.
Step 7: After the application is published, any person who already has a similar mark
can file an opposition in the Form TM-O within 4 months from the date of
advertisement.
Step 8: A counter-statement can be filed in Form TM-O within 2 months.
Step 9: Evidence in support of the opposition is filed within 2 months.
Step 10: Evidence in support of counter-statement should be done within 2 months.
Step 11: Evidence in reply – deadline within 2 months.
Step 12: A registered trademark is valid for 1o years.
Step 13: It is renewable within 1 year from expiration of trademark registration.

8. (c) Lotus Clothing has maximum chances of registration. This is due to the fact that
Trademark Class 25 pertains to the registration of Clothing, Footwear and headgear.

9. Since, Mr. McCann wants to open a bakery in India and France under a common
brand. He, at first needs to check and confirm the meaning of the proposed trademark
‘Boulangerie’ in both English and French. If the meaning of the proposed trademark
satisfies the characteristic of the good and services for which it will be used, then he
can use the proposed trademark.

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