Trademark Act in India
UNIT 8 TRADE MARK LAW IN INDIA
Structure
8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 Introduction
Objectives
Trade Mark Law in India
What is a Trade Mark? A good Trade Mark Functions of Trade Mark Registration of Trade Mark What kind of Trade Marks can be Registered? Trade Marks not Registerable Exploiting Trade Mark Infringement Offences and Penalties Indian Trade Mark Act, 1999: Salient Features Summary Answers and Hints to SAQs
8.1
INTRODUCTION
A trade mark is a visual symbol that distinguishes the goods or services of one enterprise from those of the competitors. A reference to goods will imply services also, unless the context prohibits it. Trade Marks are at the centre of global business today. They are the major source of product differentiation and non-price competition in a modern, market driven economy. Consumers come to associate certain value in terms of performance, durability, price, after-sales service etc in the goods sold under specific brands, which may be among the greatest assets of the enterprise. In the language of the law, brand names are known as trade marks. Several products, of the same category or of different categories, can be marketed under one brand name. Recently, non-visual signs have made a strong claim for recognition as trade marks. Smell and sound signs fall under such category though they are not yet recognised in India. Several broadcasting organisations and film producers have specific signature tunes to identify their programmes. The concept of identifying the source of manufacture by a mark is an ancient one. Signatures of craftsmen have been found engraved on goods sent to Iran from India some 3000 years ago! But trade mark gained importance after the industrial revolution when large-scale production and distribution of goods all over the world became possible and publicity through print and audio-visual media became necessary. The use of modern trade mark as a distinctive sign to indicate the
Structure
8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 Introduction
Objectives
Trade Mark Law in India
What is a Trade Mark? A good Trade Mark Functions of Trade Mark Registration of Trade Mark What kind of Trade Marks can be Registered? Trade Marks not Registerable Exploiting Trade Mark Infringement Offences and Penalties Indian Trade Mark Act, 1999: Salient Features Summary Answers and Hints to SAQs
8.1
INTRODUCTION
A trade mark is a visual symbol that distinguishes the goods or services of one enterprise from those of the competitors. A reference to goods will imply services also, unless the context prohibits it. Trade Marks are at the centre of global business today. They are the major source of product differentiation and non-price competition in a modern, market driven economy. Consumers come to associate certain value in terms of performance, durability, price, after-sales service etc in the goods sold under specific brands, which may be among the greatest assets of the enterprise. In the language of the law, brand names are known as trade marks. Several products, of the same category or of different categories, can be marketed under one brand name. Recently, non-visual signs have made a strong claim for recognition as trade marks. Smell and sound signs fall under such category though they are not yet recognised in India. Several broadcasting organisations and film producers have specific signature tunes to identify their programmes. The concept of identifying the source of manufacture by a mark is an ancient one. Signatures of craftsmen have been found engraved on goods sent to Iran from India some 3000 years ago! But trade mark gained importance after the industrial revolution when large-scale production and distribution of goods all over the world became possible and publicity through print and audio-visual media became necessary. The use of modern trade mark as a distinctive sign to indicate the