Trade mark act

Course: BBA ISubject : Introduction to Business Organization

Unit: 5

Trade mark Act, 1999Meaning:• A trade mark means a mark capable of being

graphically and which is capable of distinguishing goods & services of one person from those of others and may include shape of goods, their packaging, combination of colors, etc.

Time period: registration is valid till 10 years.It can be renewed under form TM-2 with the fees of Rs. 5000/-

Features

• Customers identify a product by its trade mark. Trade mark is property of the company.

• The function of trade mark is to give an indication to the purchaser regarding the manufacture and quality of the goods.

• It is an intangible asset which can be sold and assigned.• The value of trade mark increases as the business grows.• The main reason of the foundation of such rights is: the

principle that no one is entitled to represent his business or goods as being the business of another.

• Use in trade: the protection is not available, if the mark is not used for the course of trade.

• The mark should be capable of being represented graphically:– Letter mark: IBM, Coca Cola– Symbol mark: Brand name– Logo: Visual depiction

• If the TM is designed in an artistic way, protection under Copyrights Act can also be taken.

• Registration is not mandatory• Same name can be used for different products. Eg:

VIP bags & VIP undergarments

Procedure for registration• Single application can be made for different class of

goods paying separate fees.• Application should be filed at the office of registrar

under whose territory the place of business is situated.

• Application should be submitted in form TM-1 with fee of Rs. 2500/-.

• A close and thorough examination is conducted to investigate that the TM is new and distinctive and also free from conflict with registered and pending marks of others.

• On the basis of the investigation, the TM application can be either accepted or rejected.

• After hearing on oppositions, Registrar can register trade mark.

• Date of application is considered as date of registration.• The certificate of registration is issued with seal of

registry.

• Infringement:– Use of deceptively similar mark– Likely to cause confusion because of similarity– Use even on dissimilar goods– Use as trade mark– Applying trade name on labels or packing goods– Use in advertisement– Spoken use of words or by visual representation

Procedure for registration

Passing off

• A person is not to sell the goods under the pretence that they are goods of another person.

• Passing off is an infringement in which the rules are broken against unregistered TM.

Protection• Case can be filed in District court.• It is a criminal offence• Actions:– Case of infringement– Passing off action under common law– Criminal case

References

1. Fundamentals of Business Organization and Management by Y.K.Bhushan- Sultan Chand

publications2. Principles & Practices Of Management by L M

Prasad – Himalaya Publishing House

Thank You!!