INTELLECTUAL PROPERTY- TRADE MARKS

I am giving below the important aspects on Trade Marks since this is most useful.. Trade Mark is a marketing tool and has to be protected by the owner.

INTRODUCTION

A Trade Mark, popularly known in layman’s language as brand name, is a visual symbol which may be a word, signature, name, device, label, numerals or combination of colors. It is used by an undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. A Trade Mark used in connection with service may be called Service Mark. For example, service marks are used by hotels & Restaurants, Airlines, Tourist Agencies, Car-rental Agencies, Laundries and Dry-cleaners, etc come under this category. The salient features of the Trade Marks Act is given in the following paragraphs so as to benefit the Entrepreneurs.

Certification Mark means a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of service quality ,accuracy or other characteristics from goods or services not so certified and registerable as such under chapter IX of the Act in respect of those goods or services in the name, as proprietor of the certified trade mark, of that person

Collective mark means a Trade Mark distinguishing the goods or services of members of an association of persons which is the proprietor of the mark from those of others (not being a partnership with in the meaning of the Indian Partnership act 1932)

FUNCTIONS OF TRADE MARK

Under modern business condition a trade mark performs the following functions

· It identifies the goods / or services and its origin.

· It guarantees its unchanged quality

· It advertises the goods/services

· It creates an image for the goods/ services.

Purpose the Trade Mark System serves as follows:

a) It identifies the actual physical origin of goods and services.

The brand itself is the seal of authenticity.

b) It guarantees the identity of the origin of goods and services.

c) It stimulates further purchase

d) It serves as a badge of loyalty and affiliation.

e) It may enable consumer to make a life style or fashion statement

LEGAL REQUIREMENTS

The legal requirements to register a trade mark as per the Trade Marks Act, 1999 are as follows: (Hence forth referred to as The Act)

· The selected mark should be capable of being represented graphically (that is in the paper form).

· 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 or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.

According to the Act, “mark” includes a device, brand, heading, label, ticket, name, signature, word, letter or numeral, shape, packaging or combination thereof. A few examples are given below:

Words - Inventive Word, Own sir name or company name in brief

Letter - Any letter of English/Local Language alphabet in a particular Design/shape

Numerals - in a distinctive design

Devices - Shape of a device

Slogans - A group of words

Character - Any Figure

Shape of goods - Mineral Water Bottle

Combination of Colors – Capsules

The mark should be

Distinctive → not descriptive

Name in Signature→ stylized pattern

Fanciful → Invented word

Note: Selection of a geographical name should be avoided as no one can have monopoly right on such names. It is always advisable to conduct a market survey for similar Marks to ascertain if same/similar mark is used in the market to avoid infringement.

INFORMATION FOR FILING APPLICATION

The Trade Mark Application has to be filed in the prescribed pro-forma. The designated pro-forma for an individual is TM I. Details on the following have to be provided in the TMI as follows:

Name and address of the applicant

Description - manufacturers or merchant

Specification of goods/services & Class of goods as per the IV Schedule of the Act

Copy of the mark

Date of first use in Commerce or ITU.

Power of Attorney, if filed through an agent

For filing new applications there are prescribed forms depending on the nature of application such as Form TM-1, TM-2, TM-3, TM-8, TM-51 etc.Fees: Rs.2, 500/-.Tha applications have to be filed at the respective regional office.There is a facility for e-filing also.

They are: Trade Marks Registry, Mumbai (Head Office), Delhi, Kolkata, Ahmedabad and Chennai:

For detailed information please visit www.ipindia.nic.in