TRADE MARK

BY:AMRITA SHARMA
20180349
MANGALAYATAN
UNIVERSITY
ALIGARH
 INTRODUCTION
• In common parlance, trade Mark is
understood as a visual representation in form
of word, phrases, logo on a product used by a
company as a brand to give a particular
product or class of products a distinctive
meaning to make the association of product
to particular company or brand somewhat
clear.
• Trade Mark on a product gives an assurance
to experts, purchaser, and consumer about a
certain level of quality in the product.
 WHAT- IS-A- TRADEMARK

• A trademark is a word , symbol ,

slogan , design , sound , color , etc
. Or combination of thereof that
serves to identify the source of
goods or service and distinguish
them from others .
 TRADEMARKS ACT 1999
• First trademark registered in UK under No. 1
of 1876 consisting of red equilateral triangle
in respect of alcoholic beverage is still in force
• The present trade mark act 1999 has replaced
the trade and merchandise marks act 1958.
And the trademark act 1999has been brought
into force only on 15th September 2003. the
trade mark rules 2002 are passed under the
trade marks act 1999
 OBJECT OF TRADEMARK
• In light of Constitutional provisions related
to trade:
Constitution of India had provided freedom of
trade and movement as one of the fundamental
rights under Article 19 of the constitution. Apart
from it, there are various other constitutional
rights which guarantee the protection of trade and
profession of its citizen as well as to non-citizen
including jural/legal persons. So, one of the
objects of laws related to Trade Marks is to ensure
protection and fulfillment of these constitutional
rights. Trademark Meaning Objective and
Infringement
• In light of Statutory provisions and
common
In the preamble of Trade Marks, The Trade
Marks Act, 1999 it is stated that the act is to
protect the trademark and to prevent the
fraudulent use of trademarks. Similarly, an
object of Indian Penal Code includes the
protection of civil rights of individuals
including the right to develop one’s own
business through the development of brand
through the use of certain trademark and
furtherance of public interest. Thereby, both
Acts provide for the punishment for
fraudulent use of trade Mark by any
unauthorized person.
• In light of Judicial Interpretation
The object of trademark law has been
explained by the Supreme Court in Dau
Dayal Vs State of Uttar Pradesh AIR 1959
Sc 433 in the following words:
“the object of trademark law is to protect
the rights of persons who manufacture and
sells goods with distinct trademarks
against invasion by other persons passing
off their goods fraudulently and with
counterfeit trademarks as those of
manufacturers.”
 PURPOSE OF TRADEMARK
• The main purpose of a trademark is to prevent unfair
competition between companies that use consumer
confusion to get more business. For example, if an
independent diner used a golden, arched "M" as its
logo, it could confuse customers who think the
establishment is a McDonald's. Causing this type of
confusion is against trademark law.
The purpose of trademark law is twofold:
• A trademark helps customers distinguish between
products
• A trademark protects the owner's investment and
reputation
• What is Protected By a Trademark?

• Trademarks protect customers from being

misled. Say you're in the market to buy a
COACH designer handbag.
Without trademark protections, the
market would be flooded with knockoff
COACH bags sold in every corner store.
You could end up buying a fake bag even
with the full intention of buying a real one.
 CONT..
• Trademark protections are not a one-size-fits-all. In fact, trademark
protections range on a four-point scale, which is why it's important
to consider how you name your business. Consider the following
types of trademark protections:

• Generic – common descriptions cannot receive any protection

under trademark law because they're in wide use
• Descriptive – trademarks consisting of adjectives cannot be
reinforced unless there is another meaning associated with the mark
• Suggestive – suggestive terms receive trademark protection even
without a secondary meaning as long as the term implies something
without describing it
• Fanciful or arbitrary – these terms are distinctive and enjoy the
highest degree of trademark protection; arbitrary words are
meaningless without respect to the product while fanciful words are
made up