UNIT - I

Introduction

-By Urvi Shrivastava

History and Evolution of Trademark
• Dates back to ancient times, when marks
began to serve number of purposes
• Potter’s mark began to appear on vessels to
indicate origin destination and identification
of the master
• Usage of stamps on bricks by Roman brick
maker can be traced as early as second century
B.C.
• Economic uses of trademarks such as resolving
ownership disputes, aiding advertisements,
guarantying quality goes back to thousand of
years.
• In medieval England, sword manufacturers
were required to use identification so the
defective weapon could be traced back to the
manufacturer for a possible punishment
• The onset of industrial revolution enabled large
scale production and distribution of goods

• With the emergence of Competitive Market

economy, manufacturers begin to identify their
products by certain symbols, marks or devices.

• Manufacturers also started advertising their

goods by using their Trade Marks on them,
which resulted in the mark acquiring goodwill
and reputation among consumers.
• Realizing the economic worth of TM, the
competitors had a temptation to copy well
known TM or adopt deceptively similar TM to
reap profits under the reputation of other TM.

• Therefore, need was felt to protect TM-

International Protection under Paris Convention
1883.
Trademark Law in India
• Initially trademark infringement were resolved
under the Specific Relief Act, 1877 by way of
granting injunctions while registration issued were
addressed by obtaining a declaration as to
ownership of a trade mark under Indian
Registration Act, 1908.

• The first legislation which dealt with trademarks

was the Indian Merchandise Marks Act, 1889,
which was followed by the Trademarks Act, 1940
• The 1940 Act introduced registration system and
statutory protection of registered marks.

• 1958 the Trade and Merchandise Marks Act was

adopted repealing the 1940 Act, 1958 Act did so
well for 4 decades.

• However a need was felt to upgrade the Act with

development in trading and commercial practices,
increasing globalization, simplification and
harmonization of TM management systems and
TRIPS.

• The Act came into force on September 15, 2003

consists of 13 chapters and 159 Sections.
Functions of Trade Marks
• Identifies and distinguishes from the goods of
another.
• Signifies the single source of goods bearing
particular TM.
• Signifies equal level of quality from particular
TM.
• Prime instrument in advertising and selling the
goods.
Definition/Characterstics of Trade Mark
• Section 2(1) (zb) defines Trade Mark as:

• A mark capable of being represented

graphically and which is capable of
distinguishing the goods or services of one
person from those of the others and may
include shape of goods, their packaging and
combination of colours.
• Sec 2(1)(m) : defines mark to include a device,
brand, heading, label, name, word, letter, logo
numerals etc.

• Graphical Representation – In paper or printed

form
• Distinctiveness –
• A Trade Mark is required to be capable of
distinguishing Goods or Services of one person
from those of others.
• There may be some inherent qualities or
distinguishing characteristics in the mark itself
which makes it so distinctive or capable of
distinguishing the goods of one person from
others.
 Justification for Protection of TM
• In order to fulfil their distinguishing function for consumers who
wish to make their choice between different goods of the same
kind on the market, trademarks must be legally protected.

• A deceived consumer may often not realize that the article that he
has purchased is not of the origin indicated by the trademark, and
may tend to hold the owner of the genuine trademark responsible
if the goods do not meet the standards to which he is accustomed.

• Even if the consumer eventually realizes that he has been led to

buy the wrong product it would be difficult for him to take action
against the infringer of the genuine trademark. It is therefore
recognized practically everywhere that the owner of a protected
trademark must have the right to prevent competitors from using
identical or confusingly similar trademarks for goods identical or
similar to those for which he uses his own trademark.
THANK YOU