TRADEMARK

Presented By Ashutosh Dubey Roll No.- 09 MBA(IB)-3rd Sem

Definition
A trademark is a word, phrase, symbol, or design, or a combination of these that identifies and distinguishes the source of goods of one party from those of others Any word, name, symbol, or device, or any combination thereof used by a person to identify and distinguish his or her goods from those manufactured or sold by others.

Functions of a Trademark
Identifies a brand of product or service. As Brand identity is crucial to the success of a

business today
Indicates the source of origin of goods or services

Helps guarantee the quality of goods bearing the mark Creates and maintains a demand for the product Used as a marketing tool to build a brand

What can be used as Trademark

Names : Coca-Cola ,Nike Slogans: Just Do It Connecting India Logos:

Need of Trademark

Consumers tend to buy well known brands & recognize brands by their trademarks.
Prevent consumers from being misled or confused by use

of similar names & other identifiers Consumers may rely on source as an indication of quality.

Prevent businesses from stealing goodwill others have generated by creatively & consistently identifying & marketing their products.
Encourages investment in quality & service by protecting

investment in creating favorable reputation

Degree of Distinctiveness

The more distinctive a mark, the greater the protection it receives Coined/Fanciful Arbitrary Suggestive Descriptive
Weak protection Only protected if secondary meaning

Generic
No protection

Personal Name

Do not function as TM unless secondary meaning

Curb Records, Geffen Records

Identify a person rather than a product or service

Same for geographic names
Tennessean (newspaper), Nashville Network

Likelihood of Confusion Factor

Strength of Mark (distinctiveness) Similarity of Marks Similarity of goods or services Evidence of Actual Confusion Marketing Channels Sophistication of Consumers Bad faith

Trademark Registration in India

The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules there under. It acts as a resource and information centre and is a facilitator in matters relating to trade marks in the country. The objective of the Trade Marks Act, 1999 is to register trade marks applied for in the country and to provide for better protection of trade mark for goods and services and also to prevent fraudulent use of the mark. The main function of the Registry is to register trade marks which qualifies for registration under the Act and Rules

Advantages of Trademark Registration

1. Protects your hard earned goodwill in the business 2. Protects your Name / Brand Name from being used in a same or similar fashion, by any other business firm, thus discourages others from cashing on your well built goodwill 3. Gives your products a status of .Branded Goods. 4. Gives an impression to your customers that the company is selling some standard Products or Services 5. The exclusive right to the use of the trade mark in relation to the goods or services in respect of which the trade mark is registered. 6. To obtain relief in respect of infringement (misuse by others) of the trade mark. 7. Power to assign (transfer) the trade mark to others for consideration.

Procedure/Steps for Trademark Registration

1. Filing of an application for registration by a person claiming to be the proprietor of a trademark, in the office of the Trade mark Registry, within the territorial limits of the place of business in India. 2. Examination of the application by the Registrar to ascertain whether it is distinctive and does not conflict with existing registered or pending trademarks and examination report is issued. 3. Publication of the application after or before acceptance of the application in the Trademark Journal.

Procedure/Steps for Trademark Registration

4.After publication if any person gives notice of his opposition to the registration within three months which may be extended to the maximum of one month. 5. If the opposition has been decided in favour of the applicant of the registration of trademark, the Registrar shall register the Trademark. 6. On the registration of the Trademark the Registrar shall issue to the applicant a Trademark Registration Certificate.

Term/Duration of a Trademark in India

The term of registration of trademark is 10 (Ten) years, but may be renewed subject to the payment of the prescribed fee, in accordance with the provisions of the Trademarks Act, 1999. An application for renewal of a trademark can be filed within six months from the expiry of the last registration of trademark.

Use the TM and symbol

As soon as you file the application, you can begin using the TM symbol. Once your trademark is granted (registered), you can begin using the symbol