MID SEMESTER 1

PRSENTATION
SUBJECT-IPR
TOPIC-TRADEMARK

CREATED BY:-
NAME-YOGESH
CLASS-7M5
ROLL NO-117170676
CONTENT
 What is trademark?
 Types of trademark.
 Reason to use trademarks.
 What are TRIPS agreement?.
 Provision of TRIPS agreement in
case of Trademarks.
 Detailed explanation of provisions.
 Conclusion
WHAT IS A TRADEMARK?
 In simple words it is a unique symbol or word(s) used to
represent a business or its products.
 A trademark is a way for a business to help people to
identify the products that the business makes from products
made by another business.
 A trademark can be a name ,word, phrase, symbol, logo
design, or picture. It can only be used on things made by the
business that owns the trademark.
 For example, Coca-Cola and Coke are trademark names for
a certain drink made by the Coca-Cola Company. No other
business can use these names or any names similar to them.
Other businesses can make a drink that is similar,
like colas soft drinks, but they have to use a different name
for their drink, such as Pepsi.
 Famous trademarks like Coca-Cola and Nike are used
for branding whole families of products.
Contd.
 It legally differentiates a product or service from all
others of its kind and recognizes the source company's
ownership of the brand.
 Trademarks not only help distinguish products within
the legal and business systems—but just as
significantly—with consumers.
 Using a trademark prevents others from using a
company or individual's products or services without
their permission.

(TRADEMARKS OF COCA COLA AND NIKE)

TYPES OF TRADEMARK
**(It is important to think about how your company should be represented to
be perceived the way you would like: with a word, a figure or a sound? So
one can choose different trademark for his company .some of them are
discussed below)
 Word mark
A word mark consists of one or more words, for example or Marco Polo.
It can also be combinations of numbers or letters, like SVT or 3RT.
 Figurative mark/logo type
Figurative marks are the trademarks that consists of just a figure or a
figure combined with one or more words.
 3D mark
If the product itself or the product’s packaging have a special shape, for
example a perfume bottle or a liqueur bottle, you may be able to register
it as a three-dimensional mark.
 Sound Mark
A sound can be a trademark and can therefore also be registered. A sound
mark is a sound or a melody with a distinct recognition effect. A well-
known sound mark is the melody owned by Hemglass.
 CONTD.
 Motion mark
A mark where parts of the trademark are shifting, changing or moving.
One example of a motion mark is an animated logotype. When applying for
a motion mark the mark can be represented either by a video file or a
series of still images that show the motion.
 Multimedia mark
A mark that consists of a combination of sound and picture. The mark can
be represented by an audio-visual file that shows the combination of sound
and picture.
 Hologram mark
A mark where a three-dimensional picture is shown using holographic
technique, for example a rotating logotype. When applying for a hologram
mark the mark can be represented by a video file or a series of still images
that show the variation of the hologram and the holographic effects.
 Pattern mark
A continuous pattern can be protected as a pattern mark. It can be
represented by an image that shows the pattern and how it is repeated.
The applicant can also attach a description of how the pattern is repeated,
along with the representation.

(HOLOGRAM MARK) (PATTERN MARK)

Reason to use Trademarks
 Trademarks make it easy for customers
to find desired product/services.
 Trademarks can prevent huge financial
waste.
 Ensures extension of the mark through
licensing or franchising process.
 Trademarks allow businesses to
effectively utilize the Internet and social
media.
 Trademarks are a valuable asset.
WHAT ARE TRIPS AGREEMENT?
 Full form of TRIPS is Trade-Related Aspects of
Intellectual Property Rights.
 It is an international legal agreement between all the
member nations of the World Trade Organization
(WTO). It sets down minimum standards for the
regulation by national governments of different forms
of intellectual property (IP) as applied to nationals of
other WTO member nations.TRIPS was negotiated at
the end of the Uruguay Round of the General
Agreement on Tariffs and Trade (GATT) between 1989
and 1990 and is administered by the WTO.
 Furthermore, unlike other agreements on intellectual
property, TRIPS has a powerful enforcement mechanism.
States can be disciplined through the WTO's dispute
settlement mechanism.
Contd.
 The TRIPS agreement introduced intellectual property law into the
multilateral trading system for the first time and remains the most
comprehensive multilateral agreement on intellectual property to date. In
2001, developing countries, concerned that developed countries were
insisting on an overly narrow reading of TRIPS, initiated a round of talks
that resulted in the Doha Declaration.
 The Doha declaration is a WTO statement that clarifies the scope of
TRIPS, stating for example that TRIPS can and should be interpreted in
light of the goal "to promote access to medicines for all."Specifically, TRIPS
requires WTO members to provide copyright rights, covering authors and
other copyright holders, as well as holders of related rights, namely
performers, sound recording producers and broadcasting organizations.
 TRIPS also specifies enforcement procedures, remedies, and dispute
resolution procedures. Protection and enforcement of all intellectual
property rights shall meet the objectives to contribute to the promotion
of technological innovation and to the transfer and dissemination of
technology, to the mutual advantage of producers and users of
technological knowledge and in a manner conducive to social and
economic welfare, and to a balance of rights and obligations.
Provision of TRIPS agreement in
case of TRADEMARKS.
Following are the provisions:-
 Protectable subject matter
Confirms & clarifies Paris Convention
 Rights Conferred
Deters use of confusing marks and Speculative registration:
strengthens Protection of well-known marks
 Requirement of use Clarifies nonuse.
Deters use of Collateral restrictions to invalidate Marks
 Licensing and assignment of rights
Prohibits compulsory licensing
 Geographical Indications Definitions
additional protection For wines and spirits
Contd.
 Protectable subject matter
Any sign, or any combination of signs, capable of
distinguishing the goods or services of one undertaking from
those of other undertakings, shall be capable of constituting a
trademark. ... However, actual use of a trademark shall not be
a condition for filing an application for registration.
 Rights Conferred
Where two or more persons are registered proprietors of
trade marks, which are identical with or nearly resemble
reach other, the exclusive right to the use of any of those
trade marks shall not (except so far as their respective rights
are subject to any conditions or limitations entered on the
register) be deemed to have been acquired by any one of
those persons as against any other of those persons merely
by registration of the trade marks but each of those persons
have otherwise the same rights as against other persons (not
being registered proprietor
Contd.
 Licensing and assignment of rights
The licensing of a mark is to allow others to use the mark without
assigning the ownership and the same may be done for all or some
of the goods and services covered. The Trademarks Act does not
mention the term 'License', the concept under the Act is
mentioned as that of a 'Registered User'.
Trademark licensing is advantageous to both the parties. While the
licensor enjoys its rights to the mark by getting the royalties for its
use, the licensee is able to expand its market operations by using
the brand and developing its reputation.
In case of Licensing, the licensor is open to license the rights over
the trademark in manner it may like. The Licensor can restrict the
rights of the licensee in a trademark or brand with respect to the
products or services wherein the licensee can use such brand, with
respect to time for which it can use such mark, with respect to
area within which it can use such mark etc
Contd.
 Geographical Indications Definitions
A geographical indication is defined in the TRIPS Agreement as
an indication which identifies a good as originating in the territory
of a member, or a regional locality in that territory, where a given
quality, reputation or other characteristic of the good is essentially
attributable to its geographical origin
As per the (Indian) Geographical Indications of Goods
(Registration and Protection) Act, 1999 "Geographical Indication",
in relation to goods, means an indication which identifies such
goods as agricultural goods, natural goods or manufactured goods
as originating, or manufactured in the territory of a country, or a
region or locality in that territory, where a given quality, reputation
or other characteristic of such goods is essentially attributable to
its geographical origin and in case where such goods are
manufactured goods one of the activities of either the production
or of processing or preparation of the goods concerned takes place
in such territory, region or locality, as the case may be.
Conclusion
 The trade mark is for protecting the name of the
product or services rather the product itself.
 Trade mark can be assigned or transmitted.
 In India, the Trade Mark Act of 1999 is presently in
force.
 The penalties against offences related to trade
mark can range from fine to imprisonment.
 The term of trade mark protection is 10 years,
which can be renewed from time to time,
indefinitely.
 Deceptively similar marks, geographical names
etc. can not be registered as a trade mark.
SUBMITTED BY:-
YOGESH
11710676
MECHANICAL 5