TRADEMARKS & INDUSTRIAL

DESIGNS

BY- KAMIKA CHAUDHARY

Trademark
 A trademark or trade mark is a distinctive
sign used by an individual or legal entity
to identify a business or a product in
commerce and to distinguish its products
from those of other entities.
Trademark Symbol:
 TM- for an unregistered trademark, i.e. a
mark used to promote or brand goods
 SM- for an unregistered service mark, i.e.
a mark used to promote or brand
services
 R- registered trade mark
What can be registered?
 Name (e.g.- Gillette)
 Logo (e.g.- Tick mark of Nike)
 Slogan (e.g.- Mr. Kipling – ‘Exceedingly
good cakes)
 Color (e.g.- Orange- mobile phone )
 Shape (e.g.- Coke bottle)
 Sound (e.g.- Intel)
 Domain Name (e.g.- www.amazon.com)
Trademarks
Types of Trademark
 Product Trademark- e.g. vaio, maggie etc
 Service Trademark- e.g Axis Bank, DHL
express
 Certificate Trademark- e.g AGMARG,
WOOLMAK, ISI
 Collective Trademark- e.g Doctors, CA,
Khadi Craft, FIFA
 Unrelated Trademark- e.g Apple, blackberry,
Paperboat
 Well Known Trademark- e.g Pepsi , Samsung
Duration and Fees
 Trademark is valid for 10 years from the
date of application which may be renewed
for further period of 10 years on payment
of prescribed fees.

 Govt. Fees is Rs 5000 for each class of

goods or services.
Remedies for Trademark
Infringement
 A suit can lie in district or high court
 Punishment extends from 6 months to 3
years.
 A permanent bans on engaging in
commercial activities
Example of successful civil
enforcement action
 3 suits filed by Adidas in the Delhi high
court against counterfeiters
 At initial stage infringing goods were
seized by local commissioner
 Cases were decreed recently and
damages of Rs 15 lakhs was awarded to
adidas
Tata vs GreenPeace
 Recent case involving TATA Steel Ltd. and an
international environmental NGO called
Greenpeace
 TATA Steel Ltd. plans to set up a steel plant at
Dharma Port which is situated off the coast of
Orissa and is purportedly endangering the lives of
numerous Olive Ridley turtles habituating near
the port.
 Greenpeace initially contended that TATA did not
comply with all the requirements of the
Environment Ministry whereas TATA argued that
they had got the environmental clearance
GreenPeace launched an online game on its official website title ‘Turtle v.
TATA’ in order to generate public awareness regarding TATA’s steel port.
The game, a rendition of ‘Pac-Man’ involves the yellow turtles to eat as many
white balls and other sea animals without running into the TATA demons.
 TATA Group contends that Greenpeace India
infringed their trademark rights and maligned their
reputation by using the TATA’s trademark and logo,
‘the T within a circle’ to portray the ‘demons’ in the
game.
 The law of trade mark in India allows the usage of
one’s trade mark by another only in certain situations.
This provision has been described under Section 30
(1) of the Trade Marks Act, 1999 and reads as follows:

 The Delhi High Court has declared that Greenpeace

India, which is a non-profit organisation, has not
indulged in any profit-making by launching the ‘Turtle
v. TATA’ game on its website
Industrial design
 A design is the protection of the ornamental or
aesthetic aspect of a product

 A design makes a product attractive and

appealing for the consumers
What can be registered as a design?
 The look of the product or part of the
product

But

 Not the function or idea

What kind of product?
 All kinds of products- being ugly or nice
 E.g. bottles, chairs, jewellery or appliances

 Could also be the packaging, a homepage,

the interior or setup of a shop
 E.g. McDonald’s layout, Exclusive branded
shops layout
Rights obtained and Duration of
Protection
 A right to forbid others from producing, selling
or importing the same products or products
with the same look

 Protection rights are provided for a period of

10 years. They can then be renewed once for an
additional period of 5 years
Pre-requisites for a design to qualify
for protection are as follows:
 It should be novel and original
 It should be applicable to a functional
article
 It should be visible on a finished article
 It should be non-obvious
 There should be no prior publication or
disclosure of the design.
Where to file for industrial design?
 Head office at Kolkata
 Branch Office at delhi, Mumbai and
Chennai
What can be registered?
 Original Design
 Not registered in any other country
What can not be registered?

 Copied Design
 Similar to a design already exist
 Manufacturing process
 Ideas
 Functional features of an article
Why should one look into filing for
Industrial Design?
 To have exclusive right
 Ban others from copying
 Certificate of ownership
 Design registration can be used in court
 A better license position
 Design registration gives a broader
protection than copyright
Classic ID Examples:
THANK YOU