1 General patents, registered designs and copyrigh: pater ed period. On the other hand in general aregieered ade mark can be protected in perpetuity subject only to the conditions that it is used and renewed periodically and the registered proprietor takes prompt action against infringers. Itis interesting Po note that the first trade mark registered in U.K. under No. I of 1876 consisting of a red equilateral triangle in respect of alcoholic beverages is still in force. ‘An unregistered trade mark, called a common law trade mark can be kept alive and protected for as longas it continues to be used rovided the owner of the mark takes appropriate action against fnfringers by a passing off action or by criminal proceedings. The statute law of trade marks in India till now was governed bythe Trade and Merchandise Marks Act 1958. This Act has now been replaced by the Trade Marks Act 1999. This Part on Trade Marks is based on the new Act of 1999. The Trade Marks Rules 2002 deals with the various proceedings required to implement the provisions of the Act. 2 What is a trade mark Atrade mark is a visual symbol in the form of a word, a device, ora label applied to articles of commerce wi th a view to indicate 145 Scanned with CamScannerINTRODUCTION th to the purchasing public that they are the goods ay otherwise dealt in by a particular person as distr tUred or similar goods manufactured or dealt in by other pare wished from who sells his goods under a particular trade mark acon. Pefson oflimited exclusive right to the use of the mark in sae deteS 8 sort goods. Such a right acquired by use is recognised ton 1 those property in the trade mark, and protected under comer 28 OF person can also acquire a similar right over a trade enon BWA far used but only proposed to be used, by registernag nat NOt So Trade Marks Act 1999. The law of trade marks is basay et the on the concepts: distinctiveness similarity of may traainty of goods. = ksand similarity Statutory definition of trade mark—section 2(1)(zb) of the 1999 Act (1) Trade mark must be a mark which includes a device, brags heading, label, ticket, name, signature, word, letter, namert shape of goods, packaging or combination of colours or ay combination thereof—s. 2(1) (m). a (2) The mark must be capable of being represented graphically. (3) Itmust be capable of distinguishing the goods or services of one person from those of others. (4) It may include shape of goods, their packaging and combination of colours. (S) It must be used or proposed to be used in relation to goods or services. (6) The use must be for the purpose of indicating aconnection in the course of trade between the goods or services and some persons having the right as proprietor to use the mark. (7) The right to proprietorship ofa trade. mark may be acquired by registration under the Act or by use in relation to particular goods or services. a. (8) The right of proprietorship acquired by registration aa 2 statutory right which requires no actual user but onlyan fey actual to use the mark. On the other hand the right acquired by ace’ user in relation to particular goods or services, is ener ; right which is attached to the goodwill of the business ¢ “ Scanned with CamScanner