INTRODUCTION TO TRADEMARK ACT BY CHIRAGH DEVAL @LEXCLIQ

INTRODUCTION TO TRADEMARK ACT

WHAT IS A TRADEMARK?

We all know the products by their representation so does the trademark also the same, i.e., it is something which is graphically represented and which is capable of distinguishing the service or goods. It may include packaging like the shape of goods, combinations of color. A mark can include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging, or combination of colors or any such combinations.

Such a mark may include numerous things such as signatures, names, labels, headings, etc.

TRADEMARK TYPES

Service Marks: They are the service provider basically rather than products. Eg. Domino’s, Mc Donald’s, etc.

Arbitrary Marks: They don’t resemble their products. Apple and Blackberry are the biggest examples in our daily life we have.

Descriptive Marks: In the type of mark it describes the mark and tells how unique is the product, it also tells about the size and volume of the mark and it also involves from the brand represents and who the brand represents.

Suggestive Marks: This type of mark suggests about the product only and it does not have secondary things like telling about the size or volume of the mark, it just specifies the marks like “Make My Trip” is the best example for Suggestive marks because it has a clear meaning of the company.

TRADEMARK REGISTRATION

Section 18 of the act talks about the registration of a trademark. All the personal details should be mentioned in the application like the name of the mark, goods and services, class of goods and services, and the required period.

ADVANTAGES OF REGISTRATION OF TRADEMARKS

It helps to provide the originality of the service and goods and helps to save the company goodwill in the market at large.

The trademark should be distinctive in nature, there should be no sentiments that are been hurt by other people, there should be no obscenity related to the mark.

GROUNDS FOR REFUSAL OF TRADEMARK

In the act sections 9 & 11 talks about the absolute and relative grounds for refusal of registration of a trademark.

If we talk about the absolute grounds for refusal then it can be:

-Marks that are devoid of any distinctive character.

-Marks have become customary in the current language or the established practices of the trade.

Section 11 tells us about the relative grounds of refusal for registration of trademark:

-What if it creates confusion for the public.

-If it is identical to the other mark.

PASSING OFF IN TRADEMARK ACT

Section 27 of the act talks about the passing of the trademark act, it says that no lawful action would be taken for the infringement of an unregistered trademark.

INFRINGEMENT TO TRADEMARK

Section 29 deals with the infringement to trademark it is when someone infringes then only this section will apply according to the act.

-It is used when a descriptive trademark is been used by someone else.

-When an unregistered trademark is been used in the public and confusing the public.

-It is been done when there is no registered proprietor but stills uses a registered trademark for the goods and service.

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