Presented By:

Ankur Thacker Vishal A. Vadher Mehul Thacker Nilesh Thacker Ronak Thacker Vyoma Vithlani

TRADEMARK
It deals with good will attached to marketing symbols, trade names or get up by actual use in relation to some product or service Examples Reebok, Mc Donalds, Nike, Levis etc. The Trade Marks law is contained in Trade Marks Act, 1999

TRADEMARK
Trademark is a symbol that indicates who is responsible

for the goods placed in the market Trademarks help to distinguish between the goods of competing traders Trademark helps a customer to buy goods of a certain quality (e.g. color, size, weight, fragrance, taste.) Trademarks may be in form of a letter, numeral, whole sentence, picture, combination of words and devices, label etc.

TRADE NAME
Trade names are names, terms or designations that serve to identify and distinguish an enterprise and its business activities from those of other enterprise and

its business activities

Whereas the trademark distinguishes the goods or services of an enterprise, a trade name identifies the entire enterprise and symbolizes the reputation and goodwill of the business as a whole.

Features Of Trademark
1) A Trademark should have Distinctive Character
Inherent distinctiveness Acquired distinctiveness

Trademarks are Classified into:

a)
b) c) d)

e)

Fanciful Arbitrary Suggestive Descriptive Generic

2) Trademark should preferably be an invented word. The best trade marks are invented words.

Cont...
3) Trademark, if it is a word or name, then it should be easy to pronounce and remember. 4) In case of a device mark, the device should be capable of being described by a single work.

Cont
5) Trade mark should be easy to spell correctly

E.g. Accepted standard spelling

Trade mark should be write legibly

E.g. Easy to pronounce and remember

Cont
6) It should not be descriptive but may be

suggestive E.g. A mark A-I would generally suggest superior quality Avon (A-1) cycles for instance

Cont
7) Trademark should be short Ex. Rin, Dell, Lux
8) Trademark should appeal to the eye as well as ear Ex. Audi General Motors Intel

 Trademark Search Filing of an application Examination of the application Publication of the application Opposition by third party Hearing before Registrar Registration of Trademark

10) The class of marks prohibited for registration

E.g. Mark prohibited under the Emblems and Names

(Prevention of Improper Use) Act, 1950

Emblems

Names