Law Relating to Trade Marks, A Complete Guide

Law relating to trade marks simplify the marketing of goods and services by ensuring that products are easily recognizable. A trademark allows the owner to prevent competitors from using a similar mark or sign and thereby protect the product's identity and uniqueness in the market.

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Trademark Law in India Overview

• The Trademark and Merchandise Act replaced the earlier law in 1958 to improve protection and prevent misuse.
• It introduced trademark registration to give legal rights for exclusive use.
• The Trademark Act of 1999 took over from the previous Act, which was aligned with TRIPS (World Trade Organization standards).
• The law focused on protecting trademark users by defining property conditions and providing legal remedies.

Features of Trademark Law in India

• The Trademark Act allows the police to arrest individuals who infringe upon trademarks and ensure more vigorous enforcement.
• It provides a clear and comprehensive definition of what constitutes trademark infringement and helps to eliminate confusion.
• The Act includes penalties for offenders and ensures that violations are met with appropriate consequences.
• It extends the duration of trademark registration and offers longer protection for trademark owners.
• The Act permits the registration of non-traditional trademarks. This broadens the scope of what can be legally protected

Types of Trademarks

Service Mark

Collective Mark

Certification Mark

Uses of Trademark

• Trademarks help identify the owner of a product. For example, products like the iPod and Big Mac are easily recognized by their unique trademarks.
• Company logos serve as powerful symbols that represent the business. For instance, McDonald's Golden Arches and their slogan “I’m lovin’ it” instantly connect consumers to the brand.
• Trademarks consist of brand names that help distinguish products and services in the market.

Trademark Registration According to the Law

Conditions of Registration:

• A Controller General of Patents, Designs, and Trademarks is appointed as the registrar.
• Additional officers may be appointed to assist under the registrar's direction.
• The registrar can transfer or withdraw cases with written reasons.
• Registered trademarks are recorded and preserved electronically.

Reasons for Refusal of Trademark:

• Marks lack distinctive characteristics.
• Marks indicating kind, quality, quantity, purpose, or origin that are common in language.
• Marks that deceive the public or cause confusion.
• Marks containing offensive and prohibited content.
• Marks consist of the shape of goods that are functional or add substantial value.

Test of Similarity for Trademark

• Comparing essential features of two marks.
• Focus on overall similarity rather than minor differences.
• Evaluate if the marks could deceive typical consumers.

Procedure and Duration of Registration

• Submit an application to the registrar with the required fee.
• Trademark registration lasts for ten years.
• It can be renewed for another ten years from the expiration date.
• The registrar will notify the owner before the registration expires.
• If renewal is not completed on time, the trademark may be removed but can be restored with a late fee within six months to one year of expiration.

Trademark Law in India for International Registration