Module 7 and 8 Ipr

Download as pdf or txt
Download as pdf or txt
You are on page 1of 18

Scope of

Trademark
Protection
Definition of Trademark
Section 2(1)(m)-“mark” includes a device, brand, heading, label, ticket,
name, signature, word, letter, numeral, shape of goods, packaging or
combination of colours or any combination thereof;

Section 2(1) (zb):


(zb) “trade mark” means a mark capable of being represented graphically and
which is capable of distinguishing the goods or services of one person from
those of others and may include shape of goods, their packaging
and combination of colours; and—

3/4/2024 ADD A FOOTER 2


Product Mark
• A product mark refers to trademarks related to products or goods and
not services. It is used to identify the source of a product and to
distinguish a manufacturer’s products from others.
Service Marks
• Service Marks represent the service which a company or business
deals in. They distinguish different services available in the market
and is filed under trademark classes 35-45.
Word Mark:

• A Word mark consist of word and combination of words, numbers


and symbols in standard form which can be distinctive, e.g. IBM.
Device Mark
• Device mark means logo or label or word or combination of words
used with specific style or format or shape.
Colour Mark
Colour mark consist a
specific colour or
combination of colours to
indicate the usage or origin
of Goods or Services.
Three-Dimensional Mark:

• It is used the where the product has particular shape and it is well
indicated in three-dimensional mark.
• According to the Indian Trademarks Act, 1999, a trademark may also
include the shape of goods, their packaging, so long as it is possible to
graphically represent the shape clearly. This helps in distinguishing
the goods sold under such trademark from those of another
manufacturer. When the shape of goods, packaging have some
distinctive feature it can be registered.
mark
• Whether the shape of the good is enough to distinguish it from other
goods, without the aid of other word marks?
• Whether the shape of the good has been graphically represented in a
perspective drawing by the applicant?
• Whether the shape of the good results from the nature of the good or
to obtain merely a technical result?
• Whether the shape of the good indicates instantly to the consumer
the origin of goods from that particular trader?
• What will be the impact on other traders if the shape of good is
granted a trademark, i.e. if the trademark will give the trader
dominance in use of a common shape?
• Whether there is evidence that the shape has functioned as a mark
for a long period?
• Whether the shape has goodwill attached to it?
Sound mark

• A sound can be so distinctive to indicate something that’s why it


becomes necessary to protect such sound mark.
• Eg. Nokia, Airtel Ringtone
Collective Mark
• These are the trademarks used by a group of companies and can be protected by
the group collectively. Collective marks are used to inform the public about a
particular characteristic of the product for which the collective mark is used. The
owner of such marks may be an association or public institution or it may be
cooperative. Collective marks are also used to promote particular products which
have certain characteristics specific to the producer in a given field. Thus,
a collective trademark can be used by a more than one trader, provided that the
trader belongs to the association.
• The trader associated with a particular collective mark is responsible for ensuring
the compliance with certain standards which are fixed in the regulations
concerning the use of the collective mark, by its members. Thus, the purpose of
the collective mark is to inform the public about certain features of the product
for which the collective mark is used. One example of the collective mark is the
mark “CPA”, which is used to indicate members of the Society of Certified Public
Accountants.
Certification Mark
• It is a sign indicating that the goods/services are certified by the owner of
the sign in terms of origin, material, quality, accuracy or other
characteristics. This differs from a standard trademark whose function is to
distinguish the goods/services that originate from a single company.
• In short, certification marks are used to define the standard. They
guarantee the consumers that the product meets certain prescribed
standards. The occurrence of a certification mark on a product indicates
that the product has gone through the standard tests specified. They
guarantee the consumers that the manufacturers have gone through an
audit process to ensure the desired quality of the product/service. For
example, Food products, Toys, Cosmetics, Electrical goods, etc. have such
marking that specifies the safety and the quality of the product.
Spectrum of Distinctiveness

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy