Understanding the basics of Trademark Law
The Trade Marks Act, 1940, which was derived from the Trade Marks Act, of 1938 of the United Kingdom, was the first Trademark law about trademarks (TM) in India. Subsequently, the TM provisions were incorporated into the Indian Penal Code, Criminal Procedure Code, and Sea Customs Act. The Trade and Merchandise Marks Act, of 1958 replaced the Trade Marks Act, of 1940 at a later date. The Trade Marks Act of 1999 repealed this Act over forty years later. This was necessary to abide by the TRIPS regulations. It is the law that now governs TMs that are registered.
Definition under Trademark Law
Trademarks are defined under Section 2 (zb) of the Trade Marks Act, 1999 as,
“Trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging, and combination of colors.”
Meaning under Trademark Law
The symbol that represents your business is called a trademark. People can quickly determine the purpose of your business when they see your trademark, also known as your brand name. A trademark can be used as a corporate marketing strategy. A trademark serves as a symbol of the business's dedication to upholding its integrity, and reputation, and helping customers make judgments about what to buy.
In simple words, a trademark or (Trade Mark) is a distinctive symbol that can be used to distinguish the goods and services of one company from those of another. The term “Mark” can refer to a name, numeric, symbol, design, slogan, sign, or a combination of these. In essence, a trademark is anything that helps a typical customer recognize a brand.
Types of Trademark
Word Mark: consists of written words, letters, or digits.
Device mark: this consists of any label, sticker, logo, monogram, or other geometric shape that isn’t a word mark.
Color: When the uniqueness is asserted by a color scheme with or without a device.
Three-dimensional trademarks: these comprise an item’s form or packaging.
Audio: consists of sound, and musical notes with or without words.
What can you register as per the Trademark Law?
NAME EXAMPLE
Product Name Like IPod, Hi-liter, Band-Aid
Business Name Like Bajaj, Tata, Maruti
Persons Name Like Sachin Tendulkar, Shah Rukh Khan
Abbreviations Like BMW, LG, HP
Logo/Symbol Like Apple, Nike, Adidas
Tagline Like Nike’s ‘Just Do It’, McDonald’s ‘I’m Lovin’ It’
Color Mark Like Cadbury has the trademark of purple color
Sound Mark Like the Corporate jingle music of the ICICI bank
Eligibility Criteria
For goods/services to be legally classified as Trademark, they need to pass the following conditions under the trademark law:
Distinctiveness: The products and services that need to be protected need to be sufficiently different from one another to qualify as trademarks. In the target market, it must be possible to pinpoint the source of products or services.
Descriptiveness: The goods or services in question should not be described by the trademark. It is unlikely that descriptive marks will be shielded by trademark law. Descriptive terms, however, may be registered if they take on a “secondary meaning.” For example, the international corporation that manufactures electronic devices under the name “Apple” is based in the United States.
Similarity to previous marks: The mark needs to be distinct and not have any resemblance to previously issued marks.
Who can apply for a Trademark?
An application for trademark registration may be submitted by any owner of the trademark. Two or more applicants may file for the mark jointly, although supporting documentation is required in that case. An association or group may apply for a collective mark, which its members may use. The ‘Reliance’ emblem is the best illustration of this mark since it denotes all items that are a part of the company.
Symbol Designation under Trademarks Law
This symbol indicates that the trademark is not registered. The company’s products may be promoted using this mark.
SM denotes the lack of a trademark registration. It is possible to promote brand services using this mark.
R-Signifies a service or trademark that is registered. The legitimate owner of the trademark is the applicant for registration.
Check validity under the Trademark Law
A trademark that is registered in India is good for ten years. The time frame may be extended in perpetuity, every ten years. Once the lapse of 10 years, the renewal request must be submitted in the form TM-R’ within a year of the mark’s last registration expiring, under the Indian Trademarks Act.
Conclusion
If summed up, Trademark is a symbol that can be used to distinguish your goods and services from other goods and services in the market. It is a tool that helps to make your product safe and secure. In case of any dispute on trademark misuse or ill usage, we can move directly to the court (only if the trademark is registered).
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