Trademark & Patent Act Fnal

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TRADEMARK

ACT&

PATENT ACT


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INTELLECTUAL PROPERTY

RIGHTS

IPRs are legal rights which are granted to a person for

creation of the mind or intellect or idea which have

commercial value.

Hence ,there are eight mechanism to protect creation of

mind or person property:1.patents.

2.copyright.

3.trademark.

4.Industrial design.

5.geographical indication.

6.trade secrets.

7.registration of plant varieties.

8.layout designs of integrated circuit


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WHAT IS TRADEMARK?

A trademark, trade mark, or trade-mark is a recognizable sign,

design or expression which

identifies products or services of

a particular source from those of

others.

The trademark owner can be an

individual, business organization,

or any legal entity.

A trademark may be located on apackage, a label, a voucher or on

the product itself. For the sake of

corporate identity trademarks are

also being displayed on companybuildings.


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A trademark may be designated by the following

symbols:

An Unregistered Trademark, that is, a

mark used to promote or brand goods.

An unregistered Service mark, that is, a

mark used to promote or brand services.

A registered trademark


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INDIAN TRADEMARK LAW

Indian trademark law provides protection to

trademarks statutorily under the Trademark Act,

1999.

Passing off is a common law tort which can be usedto enforce unregistered trademark rights

Statutory protection of trademark is administered

by the Controller General Of Patents, Designs andTrade Marks, a government agency which reports to

the Department of Industrial Policy and

Promotion(DIPP), under the Ministry of Commerce

and Industry.


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INDIAN TRADEMARK ACT

Trademark According to Section 2 (zb) of the TradeMarks Act,1999,

trade mark means a mark capable of being

represented graph ical ly and which is capable ofd is t inguish ing the goods o r serv ices o f one person from

those of others and may inc lude shape of goods, their

packaging and comb inat ion of co lors .

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


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TRADEMARK

CLASSIFICATION IN INDIA

Trademark in India is classified in about 45

different classes, which includes chemical

substances used in industry, paints,

lubricants machine and machine tools,medical and surgical instruments, stationary,

leather, household, furniture, textiles, games,,

other scientific and educational products

among many others.

These classes again are further sub-divided.

The main objective of trademark

classification is to group together the similar

nature of goods and services.


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ADVANTAGES OF

REGISTERATION1. Protects your hard earned goodwill in the business

2. Protects your Name / Brand Name from being used in a

same or similar fashion, by any other business firm, thus

discourages others from cashing on your well built

goodwill

3. Gives your products a status of Branded Goods.

4. Gives an impression to your customers that the

company is selling some standard Products or Services

5. The exclusive right to the use of the trade mark in

relation to the goods or services in respect of which the

trade mark is registered.


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DURATION & USE OF TM

The term of registration of trademark is 10 (Ten)

years, but may be renewed subject to the

payment of the prescribed fee, in accordance

with the provisions of the Trademarks Act,1999.An application for renewal of a trademark can be

filed within six months from Constantia (Body)

the expiry of the last registration of trademark

Generally, one who has filed an application(pending registration) can use the TM (trademark)

designation with the mark to alert the public of

his exclusive claim. The claim mayor may not be

valid. The registration symbol, ,may only be

used when the mark is registered.


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WHAT IS A PATENT?

A patent is a state grant infavour of the inventorconferring on him a right touse the invention to theexclusion of all others.

The fundamental Principle inawarding a patent is that theright must be granted for aninvention, which has novelty

and utility.

The extent of legal protectionaccorded to a patent isbased upon the way the

patent claim is drafted in thepatent application.


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INDIAN PATENT LAW

In order to be patentable , an invention must passfour tests:-

1. The invention must fall into one of the five

statutory classes: Processes, Machines ,

Manufactures Compositions of matter, and Newuses of any of the above

2. The invention must be useful

3. The invention must be novel

4. The invention must be

nonobvious


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PATENTS ACT 1970

Patents Act,

1970

Amended in

1999

2002

2005

Patents Rules, 2003

Amended in

2005

2006


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PATENT LAW SALIENT

FEATURES

Both product and process patent provided

Term of patent20 years

Examination on request

Both pre-grant and post-grant opposition

Fast track mechanism for disposal of appeals

Provision for protection of bio-diversity and traditionalknowledge

Publication of applications after 18 months with facility

for early publication


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SAFEGUARDS

Compulsory license to ensure availability of

drugs at reasonable prices

Provision to deal with public health

emergency

Revocation of patent in public interest and

also on security considerations


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TYPES OF PATENTS

THREE TYPES OF PATENT ARE GRANTED UNDER

THE PROVISIONS OF THE ACT, NAMELY:

An Ordinary Patent

A Patent Of Addition

A Patent Of Convention

A SECOND TYPE OF CLASSIFICATION OF PATENT IS:

Product Patent

Process Patent


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EXPIRY OF A PATENT

A patent can expire in the following ways:

1.The patent has lived its full term.

2. The patentee has failed to pay the renewal fee.

3. The validity of the patent has been successfully

challenged by an opponent by filing an opposition either

with the patent office or with the courts.

4. As soon as the patent expires, it pass to the general

public domain and now anybody can use it without the

permission of the original inventor

Trademark & Patent Act Fnal

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