The Trade Mark &

Merchandise Mark
Act 1958
 Mark
Section 2(1) (j) Mark means & includes a
device ,brand, heading, label, ticket, name,
signature, word , letter , or numeral or any
combination thereof.
Associated Trade Mark
Section 2(1) (b) Associated Trade Mark
means trade mark deemed to be or
required to be registered as associated
trade marks in this act.
 Trade Mark
Section 2(1) (v) a registered trade mark or mark
used in relation to goods for the purpose of
indicating or so as to indicate a connection in
the course of trade between the goods & some
person having the right as proprietor to use the
mark ;
Trade mark is a distinguish attribute by which
any individual or the goods is readily define.
 Functions of Trade Mark
• It identifies the product and its origin
• It guarantees its unchanged quality
• It advertise the product
• It creates an image of the product
• Ensure extension of the market through
licensing or franchising process
A trade mark is represented by following Signs or symbols
 Types of Trade Mark
• Trade marks: to distinguish goods (*)
• Service marks: to distinguish services
• Collective marks: to distinguish goods or services by members
of an association
• Certification marks

• Well-known marks: benefit from stronger protection

• Trade name (Brand name) (*)
 Characteristics
• It should be easy to speak, spell & remember.
• It should be simple in design .
• The sound must be attractive.
• It should be distinguishable.
• It should express the desirable qualities of
merchandise.
• It should be possible to be affixed on goods &
 should be different from other trade marks of
the same class of goods.
• It should be capable of being registered &
protection.
 The value of Trade Mark
• A marketing tool

• A source of revenue through licensing

• A crucial component of franchising agreements

• Useful for obtaining banks or third part finance

• A valuable business asset

Procedure for Registration of Trade Mark

• Application for registration :-

- Any person who is proprietor of trade mark shall apply
in writing in prescribe manner to the registrar of trade
mark of different class of goods & services.
- the registrar may refuse the application or may ask for
changes in the application & if the registrar is satisfied ,
he may accept the application for registration
.
• Withdrawal of Acceptance :-
- application accepted in error
- additional condition of acceptance not fulfilled
 Cont….
• Opposition to Registration :-
- any person with relative interest can oppose for
registration within 3 months.
• Correction & amendment :-
- the registrar may allow the correction &
amendment in the application to overcome the
opposition to application.
• Final Registration :-
- If the registrar is satisfied , he shall register the
 Cont…
trade mark in the prescribed manner.
• Duration , Renewal of Registration :-
- the registration of trade mark shall be available
for the period of 10 yrs.
- the registration can however be renewed from
time to time as per the provision act.
 Cont…..
• Effects of Registration :-
It helps or give following rights :
- Trade mark gives the exclusive rights to the owner of
trade mark over certain class of goods & services .
- the registration protects the owner of trade mark from
infringement of other parties .
- the registration acts as evidence that certain mark is
registered.
- it gives the right to use the sign or symbol of TM or R
on the top of any logo , name ; etc
Improvements made by the Trade Marks Act ,
1999
• Inclusion of service mark:
The new act was taken note of the development
A mark associated a services can also be registered under the act
• Procedure and Duration of Registration:
The duration of which a trade mark would valid
has been increasing from 7years to 10years . In the new law , a
single application can be made for registration in more then one
class
• Expanded Definition of Trade Mark:
The definition of a ‘trade mark’ has expanded to include the
shape of the goods, their packaging, and combination of colours,