Roll No: 02

Department of Pharmaceutical Sciences Dibrugarh University

What is trademark & what is Patent

Trademark - an exclusive and unique sign or symbol owned by a person, corporation or legal entity, which enables a consumer to identify and associate with their products or services. It can be a visual symbol, word, logo, phrase, name or image. Patent - a document, issued, upon application, by a government office (or a regional office acting for several countries), which describes an invention and creates a legal situation so that it can be exploited (manufactured, used, sold, imported) with the authorization of the owner of the patent.

Are they same?

A trademark typically protects brand names and logos used on goods and services.

A patent protects an invention.

Look at the History

As long as 3,000 years ago, Indian craftsmen used to engrave their signatures on their artistic creations before sending them to Iran. Manufacturers from China sold goods bearing their marks in the Mediterranean area over 2,000 years ago and at one time about a thousand different Roman pottery marks were in use, including the FORTIS brand, which became so famous that it was copied and counterfeited.

However, their economic importance was still limited.

Service mark (SM)

- is the same as a trademark, except that it identifies and distinguishes the source of a service rather than goods.

Collective & Certification mark

Collective mark may be owned by an association which itself does not use the collective mark but members may use the collective mark; if they comply with the requirements concerning the use of the collective mark. An enterprise entitled to use the The main difference collective mark may in & between collective addition also use its own trademark.

certification marks is that the former may be used only by particular The certification mark may only be used in accordance with the enterprises while the latter defined standards. e.g. ISI, AGMARK, Hallmark etc. may be used by anybody who complies with the defined standards.

Signs may serve as Trademark

The purpose of the trademark that virtually any sign that can serve to distinguish goods from other goods is capable of constituting a trademark. They should be a practical illustration of what can

be registered, without being exhaustive.

Words Letters & numerical Devices

Audible signs 3D signs Coloured marks

Olfactory signs Invisible signs

Criteria of protectability
Sign to be a trademark should reasonably standard throughout the world. Capability to distinguish the products or services of one enterprise from the products or services of other enterprises. Lack of misleading character and should not violate public order or morality.

Requirement of distinctiveness
Common words from everyday language can also be highly distinctive if they communicate a meaning that is arbitrary in relation to the products on which they are used. The distinctiveness of a sign is not an absolute and unchangeable factor. Depending on the steps taken by the user of the sign or third parties, it can be acquired or increased or even lost.

Distinctiveness depend on the understanding of the consumers, or at least the persons to whom the sign is addressed.

Conditions for refusal of trademark registration

Imagine the use of a Thai Signsmark in India or Sri it AA sign is genericpractically sign owing to are those script referring to when Descriptive signsits simplicity unknown ain trade toare not Lanka, the localities or or pure illustrative, may defines category that serve use of Chinese thereforewhich thequality, characters distinctive. designate in kind, goods capture the consumers type to the Switzerland, is essential to intended at Singhalasign attention purpose, value, belong. It all as a characters inthetime of where References theareasto States place of toand origin referringorigin, also of the the trade to United of America or Japanese the production or that other nobody would expect a product, but rather as consumers any nobody characters (Katakana, be Kandi) characteristic of goods goodsillustrativetheto to the mere concerned should be allowed of the part For anywhere but in Japan. for which the sign intended manufacturedthe isalso packaging or ofare a used. monopolize ordinary goods great majority is being to be used of such distinctive. offered toterm. marks are generic these consumers him. purely fanciful devices.

Generic terms

Descriptive signs
Other signs lack of distinctiveness Reference to geographical origin Foreign Script and Transliterations
.. ..

Why should you register your MARK

Rights those a Trademark owner has

Trademark rights come from actual use of the mark to label one's services or products or they come from filing an application with the Patent and Trademark Office (PTO) that states an intention to use the mark in future commerce. In most foreign countries, trademarks are valid only upon registration. There are two trademark rights: the right to use (or authorize use) and the right to register.

When you can use TM, SM,

Limits of Trademark right

Fair use Parody use

Non- commercial use

Product comparison & News reporting

Geographic limit
Non competing and non confusing use

Trademark law in India

The trade mark laws in India are governed by Trade Marks Act, 1999 which is in conformity with the TRIPS Agreement to which India is a signatory. Other sources which affects trade marks law are International Multilateral Convention, National Bilateral Treaty, Regional Treaty, Decision of the Courts, Office practice and rulings, Decision of Intellectual Property Appellate Board.

Requirements for filling trademark application

Name & Address of the Applicant Company / Person Trademark / Logo (10 copies) Class Description of goods / services Original priority documents, if priority is claimed. (can be filed within two months from the date of filing in India). Power of Attorney duly notarized (can be submitted later).

Registration procedure

References
Basic fact with correct links.pdf; United states Patent and Trademark office; oct 2010. Accessed on 04/03/2012, 8.31p.m. Website URL: www.uspto.gov/trademarks/basics/BasicFacts_with_correct_links.pdf Patent and Trademark guide in India, e-book; by Advocates & Corporate Legal Consultants Trade Mark & Patent Attorneys. Accessed on 04/03/2012, 8.20 p.m. Website URL: www.indiajuris.com/pdf/ptbook.pdf http://chillingeffects.org/trademark/faq.cgi. Accessed on 27/04/2012, 7.30 p.m. http://ezinearticles.com/?The-Difference-Between-Patent-andTrademark&id=1243535. Accessed on 27/04/2012, 8.23 p.m.

Thank You