Escolar Documentos
Profissional Documentos
Cultura Documentos
Rights
Urvi Shah
Assistant Professor
Unitedworld School of Law
Knowledge Economies
Copyright
Patents
Trademark
Industrial design rights
Utility models
Geographical indication
Trade secrets
Layout Designs of
Integrated Circuits
Plant variety Protection
and Farmers Rights
IP Scenario in India
intellectual
protection in India are very low in
A look at other countries reveals
IP
regime must be such that it fulfils the
needs of all the sectors.
India still has a long way to go and hence
If you always
do what youve
always done
youll always get
what you always
got (or worse)
Trademark
A trademark is a mark used in relation to
goods/ services for the purpose of indicating
a connection between the goods/ services and
some person having the right as proprietor to
use the mark.
Word
Mark
symbols
Device
mark
shap
Service
marks
Labels/slogan
s
Functions
History
current legislation
Associated marks
ACQUISITION OF PROPERTY IN A
TRADEMARK
Priority in adoption
Prolonged use
Registration
Not compulsory
For better protection
TM Registration process
The duly filled application has to filed in the
appropriate office of TM Registry in India.
Appropriate Office
Location of the principal place of business of the
applicant
If there is no principal place of business in
India, it will be determined with reference to the
address of service in India given in the
application.
Filing requirements
Filing of application
Examination of application
Procedural grounds
Absolute grounds
Relative grounds
Procedural grounds
Absolute grounds
A trademark,
Which is devoid of any distinctive character
Which indicates quality or other descriptive
character of the goods or services
Which have become customary in the current
language or in the bona fide or established
practice of the trade.
ACQUIRED
DISTINCTIVENESS
By use
Well known mark
Relative grounds
A trademark may be refused registration, if it is
similar.
Acceptance of application
No issues to be addressed or
Applicant has responded adequately to the
objections in the Report
Advertisement of the
application
registration
Effects of registration
RENEWAL
Marking of tm
Thank you