Module 7 and 8 Ipr
Module 7 and 8 Ipr
Module 7 and 8 Ipr
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;
• 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
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