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    University Institute of Legal Studies (UILS)

    Uploaded by

    Harneet Kaur
    The document discusses intellectual property rights, specifically trademarks. It defines a trademark as a visual symbol used to distinguish goods/services of one entity from another. Trademarks must be capable of graphical representation and distinguishing goods/services. Registration of a trademark is not required but provides legal protection and prevents unauthorized use. Certain criteria like being distinctive, non-deceptive, and not contrary to morality or law must be met for registration. Registration can be refused if a mark is confusingly similar to an earlier trademark for similar goods/services or violates copyright. Infringement involves unauthorized use of a trademark likely to cause confusion about the source of goods/services.

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    University Institute of Legal Studies (UILS)

    Uploaded by

    Harneet Kaur
    59 views15 pages
    The document discusses intellectual property rights, specifically trademarks. It defines a trademark as a visual symbol used to distinguish goods/services of one entity from another. Trademarks must be capable of graphical representation and distinguishing goods/services. Registration of a trademark is not required but provides legal protection and prevents unauthorized use. Certain criteria like being distinctive, non-deceptive, and not contrary to morality or law must be met for registration. Registration can be refused if a mark is confusingly similar to an earlier trademark for similar goods/services or violates copyright. Infringement involves unauthorized use of a trademark likely to cause confusion about the source of goods/services.

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    The document discusses intellectual property rights, specifically trademarks. It defines a trademark as a visual symbol used to distinguish goods/services of one entity from another. Trademarks must be capable of graphical representation and distinguishing goods/services. Registration of a trademark is not required but provides legal protection and prevents unauthorized use. Certain criteria like being distinctive, non-deceptive, and not contrary to morality or law must be met for registration. Registration can be refused if a mark is confusingly similar to an earlier trademark for similar goods/services or violates copyright. Infringement involves unauthorized use of a trademark likely to cause confusion about the source of goods/services.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    59 views15 pages

    University Institute of Legal Studies (UILS)

    Uploaded by

    Harneet Kaur
    The document discusses intellectual property rights, specifically trademarks. It defines a trademark as a visual symbol used to distinguish goods/services of one entity from another. Trademarks must be capable of graphical representation and distinguishing goods/services. Registration of a trademark is not required but provides legal protection and prevents unauthorized use. Certain criteria like being distinctive, non-deceptive, and not contrary to morality or law must be met for registration. Registration can be refused if a mark is confusingly similar to an earlier trademark for similar goods/services or violates copyright. Infringement involves unauthorized use of a trademark likely to cause confusion about the source of goods/services.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 15

    UNIVERSITY INSTITUTE OF LEGAL STUDIES

    (UILS)

    SUBJECT NAME : INTELLECTUAL PROPERTY


    RIGHT
    SUBMITTED BY : HARNEET KAUR
    UID 19BCL1099
    SUBMITTED TO:DR.RADHIKA DEV VERMA
    What is trademark?
    • According to the trademark act 1999, trademark is defined as follow
    • “trademark means a mark capable of being represented graphically and which
    is capable of distinguishing the good or services of one person from those of
    others and may include shape of goods in their packaging and combination of
    colours.
    • In layman language it is a visual symbol which may be a word signature.
    Name , device, label, numerals or combination of colours used by one
    undertaking on goods and services or other articles of commercial nature to
    distinguish in it from other similar good and services orginating from a
    different undertaking .
    Legal requirements
    • The selected mark should be capable of being represented
    graphically
    • It should be capable of distinguishing the goods or services of
    one undertaking from those of others
    • it should be used or proposed to be used mark in relation to
    goods and services for the purpose of indicating or so as to
    indicate or so as to indicate a connection in the course of trade
    between the goods and services and some person have the right
    to use the mark with or without the indentity of that person.
    Examples
    •.
    Is registration of trademark necessary?
    • no
    Conditions for registration of trademark
    • The selected trademark must be able to present the product or
    brand in the paper form or graphically
    • The trademark must be different in every way, which means
    it must be able to differentiate its goods and services from
    others
    • it should be used to create a connection between the people
    and the goods and services the person is offering. It means
    trademark are used to promote the business
    Does trademark should be registered what are the requirements that has
    to be looked into?

    • It shall be distinctive
    • It shall not be any symbol or a word which is prohibited by emblems act 1950
    • Its should not contain any scandalous or absence matters
    • It shall not any sort of religious sentiments of any class or sections of the
    citizens of india
    • It shall not create confusion in the minds of the people
    Conditions of refusal of
    registration
    •:Absolute grounds for refusal of Trade Mark
    1.The trademarks that are:
    •Incapable of distinguishing the goods/services of the applicant with those of others;
    •or may serve in trade to designate kind, quality, purpose, value, geographical origin;
    •or have been commonly used in the current language or established practices of trade;
    •shall not be registered.
    •Exception:If before the date of application, the mark has acquired distinctiveness by use
    or it is a well-known mark, it cannot be denied registration.
    2.A Mark shall not be registered as a Trade Mark if it causes:
    •Confusion or deceives the public; or
    •Hurts religious susceptibilities of class/ section of citizens of India; or
    •Comprises/contains scandalous/obscene matter which is against the morality of the
    public; or
    •Is prohibited under the Emblems and Names Act, 1950
    3.3-Dimensional Mark or Shape of Goods
    • These may be registered as a trademark.However, the Act states that a Mark shall not be registered as a
    Trade Mark if:
    • it consists exclusively of the shape of goods itself or the shape of goods necessary to obtain a technical
    result; or
    • The shape which adds substantial value to the goods- the shape should have visual appeal to add value and
    not be of a functional nature to fall within the purview of this provision.
    • The nature of goods or services in relation to whichwhich trademark is used or proposed to be used shall
    not be a ground of refusal of registration.
    4.Chemical element/compound:
    • No word which is the name of a chemical element/ compound (not mixture) or which is declared by the
    World Health Organization and notified by the Registrar of Trade Marks as aninternational non-proprietary
    name / deceptively similar to such names shall be registered as a trademark.Even if the aforementioned
    word has acquired distinctiveness as a trademark it still cannot be registered as a trademark.
    1.Relative grounds
    1.Except in case of honest concurrent use, a Trade Mark shall not be registered if:
    • There is a likelihood of confusion for the public because the trademark being applied for is identical with an earlier trademark and the
    goods/ services of the two marks are similar; or
    • The trademark being applied for is similar to an earlier trademark and the goods/ services of the two marks are identical.
    2. Passing off or Copyright Infringement:
    • A trademark shall not be registered if its use is liable to be prevented by virtue of law of Passing off orLaw of Copyright.
    3. Earlier Trade Mark:
    • The term “Earlier Trade Mark” for the purpose of ‘Relative Grounds for Refusal of Registration’ by the Indian Trade Mark Office
    means a Registered mark or a convention application (from a citizen of a country/group of countries with which India has a treaty/
    agreement) for which the date of application was earlier than the trademark sought to be registered.
    4. Living or Recently Deceased Person:
    • If an application for registration is in respect of a trademark which falsely suggests a connection with a living person or a person who
    died within 20 years prior to the date of application,then the Trade Mark Registrar may, prior to proceeding with the application,
    require the applicant to furnish consent in writing of such living person; or legal representative of the deceased person. The Registrar
    may refuse to proceed with the application if such consent is not furnished.
    Infringement of trademarks (sec 29-30)
    • Meaning of trademark infringement :
    • Trademark infringement is the unauthorized use of trademark or
    service mark on or connection with good and services in a
    manner that is likely to cause confusion , deception or mistake
    about the source of the good and or services .

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