Dr. Y.S.
R Horticultural University
College of Horticulture
Anantharajupeta
PGS -503-Intellectual property rights and its management in Agriculture
Topic : Trade mark acts and rules
Course in-charge Presented By
Dr. S.B. Ramya Lakshmi [Link]
[Link] AHM/24-22
Dept. of Agri. Economics Department of Entomology
Trademark
A trademark is a form of intellectual property that consists of a word,
phrase, symbol, design, or a combination that identifies a product or
service from a particular source and distinguishes it from others.
The COCA-COLA® trademark has been registered with the U.S. Patent
and Trademark Office since 1893
Trademarks can also extend to non-traditional marks like drawings, symbols,
3D shapes like product designs or packaging, sounds, scents, or specific colours
used to create a unique identity.
Sound Mark
Certification Mark
Service Mark
Product mark
Types of Trademarks
Pattern Mark
Collective Mark
Shape Mark
PRODUCT MARK
This trademark is used to identify the origins of a good or product,
and it helps in maintaining the excellent reputation of a business or
organization.
The trademark classes 1-34 are classified as product marks because
they represent products or goods. The time required for registering a
product mark is almost 18-24 months.
Ex: Nestle,Amul, Nike, iPhone,Syngenta seeds
Product mark
A product mark is a trademark that identifies and distinguishes a specific
product from those made by other companies.
SERVICE MARK
It is used on any service rather than on a product. It works for all the
non-product items.
The main objective of the service mark is that it differentiates between
the proprietors and the legal owners of that service.
The trademark class 35-45 are termed as service marks because they
represent no-product items such as services.
EX: Hotels, Hospitals, and Airlines
Service mark
Collective Mark
These are particular types of trademarks that are owned by associations and
organizations. A collective mark is used to notify people about the superior
qualities of a service or product that is used to represent a collaboration.
Even individuals or a group of individuals can use this type of trademark to
represent that they are togetherly protecting a product or service
Ex: Chartered Accountant designation is a very commonly known collective mark
in India.
Certification Mark
A certification mark is a type of trademark that represents the origin of
a product, its material, quality, or any other specific details that the
proprietor provides.
The main objective of this type of trademark is to issue standards for
any good or product and also guarantee the product to the consumer.
Examples: ISI marks and ISO Mark.
Shape Mark
A shape mark is a particular type of trademark that is used to protect
the shape of a specific product or good so that the consumer identifies
that the product is related to a particular manufacturer and prefers to
buy the product from the place or origin only.
For example: A Pepsi bottle or a Kit kat chocolate has specific shapes
that are identifiable with the brand
Pattern Mark
A pattern mark is used to protect the pattern of any specific product.
All the companies making some specific pattern-based products use
this type of trademark to protect the patterns of their products so that
no other company can copy them.
Pattern mark is mostly used in the fashion industry. Big brands such
as Louis Vuitton, Gucci, and many others get Pattern marks for their
products so that no other brand can copy them.
Sound Mark
Any organization or company uses this type of sound mark to protect
a particular sound or tune.
When a company receives a sound mark for any tune or sound, no
other person can use that sound without their permission, and if any
still uses them, then it is a punishable crime.
The most famous sound mark in India is the magical tune of the IPL.
To obtain a sound mark, the company has to provide originality of that
sound
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Trade mark Registration
Registrar of Trademarks, headed by the Ministry of Commerce and Industry
Its head office is located at Mumbai and it is further divided into branch
offices which are located at Kolkata, Chennai, Delhi and Ahmedabad.
The Controller General for Trademarks, Patents, and Designs is the same,
who will be appointed by the central government by issue of a notification in
the official gazette. it was established in the year 1940. It regulates the
Trademarks Act of 1999.
The main objective is to provide better protection for trademarks from
fraudulent uses.
STEPS FOR REGISTRATION
[Link] an exhaustive trademark search
The trademark owner will get to know whether they have any existing competition in the same trade or not, since, all
the existing trademarks are available with the trademark Registry. Conducting a search gives a warning that
whether the owner will have any risk of using that trademark or is it safe.
[Link] an application with necessary documents
The application must be filed in Form TM-A either online from the IP India’s official website or physically at the
Trademark Registry Office according to one’s jurisdiction.
[Link] of the application by the Trademark Registry
The applicant within 30 days from receiving the examination report, must file a reply, stating all the
defenses along with evidences against the objection raised by the trademark office and the owner shall put
forward the reasons as to why their application should not be refused and must be proceeded for further
registration procedures
[Link] examination procedures
Once the applicant files the reply to the examination report, the Examiner if wants can arrange a hearing if
due to any reason he/she is not satisfied with the reply sent by the applicant or if, the reply is not able to
fulfill the purpose of the objection stated in the report.
[Link] of the trademark application
After the examiner has accepted the application, it will be published in the Trademark Journal which will
remain there for 4 months
[Link] Of opposition
Within 4 months from the date of publication of the application, any aggrieved party can file a notice of
opposition in Form TM-O. When any third party feels that their already existing and prior use
[Link]
The last step in the registration procedure is to get the certificate of registration. After the mark goes
through all the legal processes related to the opposition, and if the opposition is cleared, the applicant
will receive the certificate.
Trade mark licensining in India
When a trademark owner authorizes a third party to use its mark in consideration
of a Royalty.
The most important thing to remember is that ‘licensing’ is not sale of the mark
or absolute transfer.
The ownership to the mark is retained by the owner/holder and only a limited
right to use, sell products under the mark etc are given to the third party.
• Benefits:
1. The main benefit of licensing is expanding the reach of the said mark. by
licensing the mark to many parties, let’s say in many territories, the mark tends
to become more popular and known and this in turn would help in more
licensing.
2. Quality check
Trade mark Protection
To protect your trademark from infringement and counterfeiting, you need to make sure your mark is not used
by others, and you need to bring legal charges against those who use your mark without permission.
Once you start using your trademark, you will need to focus on your strategy for defense:
1. Using the mark correctly and regularly
2. Keeping a lookout for potential counterfeiting or infringement
3. Taking action against those who don't respect your rights to the trademark
4. Trade mark protection refers to safeguarding intellectual property rights to protect a trademark from
counterfeiting and infringement.
Section 103 & 104 of the Trade Marks Act, 1999 provide for criminal penalties for applying and selling goods
and services under false trademarks.
The penalty ranges between imprisonment for a term not be less than six months, which may extend to three
years and with fine which shall not be less than fifty thousand rupees, but may extend to two lakh rupees.
Trade Marks Act-1999
The definition has been widened to include the
‘color combination’ and shape of goods.
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The combination of colors under the definition of a “ Mark”.
Registration of service marks is permitted.
A single application for filing under a different class of goods.
Imitation of well-known trademarks cannot be registered.
Punishment for infringement has been enhanced.
Infringement
Trademark infringement is the unauthorized use of a
trademark and service mark ( or) in connection with
goods and services in a manner that is likely to cause
confusion, deception, or mistake about the source of
the goods and/or services according to sec-29-30.
THANK YOU
