Shri Vile Parle Kelavani Mandal’s 

Narsee Monjee College of Commerce and Economics 
(Autonomous) 
 
 
Department of Law 
2020-21 
 
 
Name of the Course 
SYBCOM 
Semester IV  
 
 
Title of the Project/Assignment 
 IPR - Trademark
 
 
Submitted by: 
Sneh Haresh Desai  
SAP No : 45208190148
Contact Number : 9022628464 
 
 
 
 
Roll No: C021
 
 
 
 
 
 
 TABLE OF CONTENTS

DATE TOPIC PAGE

NO
10/2/21 Cover page 1
10/2/21 Table of contents 2
10/2/21 Declaration 3
10/2/21 Plagiarism test report 4
10/2/21 Introduction and legal rules 5
10/2/21 Case study 6
10/2/21 Conclusion 6
10/2/21 Interpretation of topic 7

10/2/21 Webliography and bibliography 7

 Declaration of Originality 
 
 
I Sneh Desai declare that this project/assignment  titled ‘Intelectual Property Rights’ is entirely my
own work and any additional sources of information have been duly cited.  
All the internet sources published or unpublished from which I have quoted or drawn reference
have been referenced fully in the webliography and bibliography  list. I understand that failure to
do so will lead to plagiarism and any similarity found with other work elsewhere will result in
severe disciplinary action. 
I also understand that I will be called for viva and must attend. I acknowledge it is my
responsibility to keep myself updated with the schedule of viva and I will make myself available
during the same.  
 
 
Sneh Haresh Desai
Digital Signature 
 
 Introduction:

Intellectual property is the creation of intangible human intellect. Some common known types of
intellectual properties are trademarks , copyrights, patents etc. intellectual property refers to
creation of inventions, literary and artistic works, symbols, names and images used. Intellectual
properties are like any other property rights that allow its creators or owners to get some benefit
form their own work or investments in a creation.

If we talk about trademarks, trademarks are the face of the company to present in market place.
Trademarks can be anything it can be a word, a symbol, a logo which tells what your product is
all about or what your services are all about. The more distinctive your proposed trademark is,
the more powerful it would be, the more likely to be registered. A purely fanciful term is
certainly protectable.

There are 4 types of trademarks mainly:

1. Fanciful or arbitrary- they are marks which are mostly made up , there exists no
real relation with the product e.g. blackberry phone.
2. Suggestive marks- they normally suggest the qualities of attributes of the product.
3. Descriptive marks-these marks normally describe the goods and services.
4. Generic marks – these marks normally describes a particular class of goods or services.

Legal rules with sections of intellectual property rights

Sec 34 of trademark act,1999 deals with the first user rule.

Sec 9(1) of trademark act, 1999 deals with cases which do not have separate or specific character
or identity of its own.

Sec 32 of trademark act, 1999 deals with protection of registration on ground of distinctiveness
in certain cases.
 Case study

Peps industries private limited vs kurlon limited on 16th march, 2020

In the high court of Delhi

Plaintiff- Peps industries private limited Defendant- kurlon limited

Coram: Hon’ble Ms. Justice MUKTA GUPTA

FACTS- The plaintiff filed a trademark application of the mark NO TURN on 2nd January,
2008. Plaintiff started using the mark NO TURN in association with its mattress from 15th
January,2008 and was granted registration on 4th February,2011. Thus plaintiff registered it
under class 20 for mattresses, sofas, pillows etc. In August 2018, plaintiff came to know that the
defendant has dishonestly adopted the trademark NO TURN. Inspite of many notices sent by
plaintiff, defendant did not respond. On 31st October,2018 on second notice , the defendant
responded and in turn filed an application for registration of the mark. Defendant used the same
name for years for selling , making invoice and purchasing the products and did all the attempts
to flourish its business. The case went into the court.

JUDGEMENT- From the above facts the case went in the favor of plaintiff because the plaintiff
used the mark since 15th January, 2008. Though defendant was prior user of the mark since the
year 2007 however since the use of mark by the defendant is intermittent and not voluminous so
it is established defense under section 34 of trade mark act, 1999.

Conclusion:

So to conclude we the topic we can say it is important to take trademarks because it protects your
brand , business from the competitors coming in and trying to make profit with already known
brand. Many people might think that to register for a trademark might be expensive but it is the
most inexpensive way to protect your brand. Brand is what people actually remember of the
company ,

for example NIKE – the whole company, its factories , its products all together build the brand
name. People usually judge the products by its brand name. To build a brand it take years but to
steal the name and do the business so as to make profit is something which does not need efforts.
So, its always important to register your mark so that no one take undue advantage of the brand
and dishonestly earns profit from it.

Interpretation of the issue:

As in the above case we saw that the defendant was using the name quite long before but
didn’t get itself registered whereas the plaintiff got the name registered before the defendant.
So when the case went into the court , the court also passed the decision in the favor of
plaintiff.

So here it doesn’t matter who uses the name first, all it matters is who registers the mark first
and be the legal owner of the mark.The court too said that though defendant registered the mark
after the plaintiff still it was punishable under sec 34, sec 9 of the Trademarks act, 1999.

For long running business and growth , brand is the most powerful tool to attract customers
and earn profits. There are times when some competitors design same mark with slight
difference to attract the customers of that well known brand. This is offence in the eyes of
law.

So for long sustain growth and goodwill trademark is essential.

Webliography and bibliography

https://boldip.com/advantages-of-

trademarks/

https://en.m.wikipedia.org/wiki/trademark

https://www.finacierworldwide.com/the-value-of-registered-trademarks-to-a-business

www.india.kanoon.com