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 Agenda
What is Trademark
Trade Marks Act, 1999
Functions
Types of Trademark
Trademark Registration
Trademark Infringement
 What is a Trademark?
A trademark can be a text (word), logo, symbol
(unnamed), design (three-dimensional), color,
sound, or a unique combination of the above
elements, that identifies and distinguishes the
origin of a product and differentiates it from
another.
A trademark is typically a name, word, phrase, logo,symbol, design, image, sound or a
combination of these elements. There is also a range ofnon-conventional trademarkcomprising
marks which do not fall into these standard categories, may therefore bevisiblesigns (e.g.
colors, shapes, moving images, holograms, positions), ornon-visiblesigns (e.g. sounds, scents,
tastes, textures).
 Trade Marks Act,1999

The Government enacted the Trade

Marks Act, 1940 and with
development and changes, on 25th
Nov 1958 The Trade And
Merchandise Marks Act came into
force.
Later on 15th September 2003, The
Trade And Merchandise Marks Act
was repealed and Trade Marks Act ,
1999 came into force.
Trade Marks Act, 1940
Salient Features of Trade Marks
Act,1999
Providing for registration of trade mark for
services (in addition to goods),
Providing for an Appellate Board for speedy
disposal of appeals,
Transferring the final authority relating to
registration of certification trade mark to
registrar,
Providing enhanced punishments for the
offenses related to trademarks,
Increasing the period of registration and
renewal from 7 years to 10 years.
A trademark may be designated by the
following symbols:

(for anUnregistered Trademark, that

is, a
mark used to promote or brand goods)

(for an UnregisteredService mark, that

is, a
mark used to promote or brand services)

(for a Registered Trademark)

 Functions of
Trademark
Origin Function- Helps to identify the source and those
responsible for the products and services sold in the
market.

Choice Function- Enables consumers to choose goods
and services with ease while shopping.

Quality Function- Consumers choose a particular trade
mark for its known quality.

Marketing Function- Plays an important role in
advertising.

Economic Function- Established trade mark is a
valuable asset. Trade marks may be licensed or
franchised.
Functions Of Trademark
 Types of Trademark
Service trademarks: Used to identify the
services of an entity, such as the trademark for a
broadcasting service, retails outlet, etc. They are
used in advertising for services.

Certification trademarks: Capable of

distinguishing the goods or services in connection
with which it is used in the course of trade and
which are certified by the proprietor with regard
to their origin, material, the method of
manufacture, the quality or other specific
features

Collective trademarks: Registered in the name

How to select a Trademark ?
A word, letter or any combination thereof
and simple in design
If it is a word it should be easy to speak,
spell and remember.
The ideal word for a trade mark is an
invented or coined word.
Words which are laudatory or which
directly describes the character or quality
of the goods should not be adopted.
 TRADEMARK REGISTRATION

Application for Registration

Withdrawal of Acceptance
Advertisement of Application
Opposition to Registration
Correction and Amendment
Registration Certificate
Trademark Renewal