Download - Trademark Act 1999
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TRADEMARK ACT 1999
Group no. 9
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Introduction
The trademark act 1999 has been
enacted to provide for registration oftrademark for goods and services
including prohibition to the registration of
imitation of well-known trademarks. Apersons right to trade mark is based on
prior use or priority of claim.
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Important terms used in the Act
MARK: sec 2 (1)
TRADE MARK: sec 2(1)(Zb)
WELL KNOWN TRADE MARK
COLLECTIVE MARK
CERTIFICATION TRADE MARK: sec 2 (1) (e)
PERMITTED USE: sec 2(1)(r)
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Procedure (Sec 18)
Application
Fee
The application is made in triplicate
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Criteria for Trademark
Different from others
Easy to speak, remember and spell
Simple in design
Registrable and protectable
Attractive in appearance
Capable of affixation on goods on which it is used
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Other requirements
A clear description of trade mark in words
A graphical representation of trade mark
Proof off application made in convention country
Proof of user Representation of mark
Reproduction of mark
Transliteration and translation of trade mark if it
contains words other than Hindi or English Acknowledgement of application and search for
identical or deceptively similar trade mark
Examination report may be issued within 3 months ofrequisition
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Advertisement of Application
Manner of advertisement.
In case an advertisement of a series of trade mark
differing from one another in respect of particulars
prescribed, the registrar may insert with the
advertisement of application, a statement of the
manner in which several trade marks differ from
one another. Notification of correction or amendment made in
the application.
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Opposition
Within three months from the date of the advertisementof an application for registration or within such furtherperiod.
Notice and then counter notice.
The Registrar shall serve a copy thereof on the persongiving notice of opposition.
Any evidence upon which the opponent and the applicantmay rely shall be submitted in the prescribed manner and
within the prescribed time to the Registrar. on business in India, the Registrar may require him to give
security for the costs of proceedings before him.
The Registrar may, on request, permit correction of anyerror in, or any amendment of, a notice of opposition or a
counter-statement on such terms as he thinks just.
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Refusal of trademark
A trademark :
Which are devoid of any distinctive character
which consist exclusively of marks or indications which
may serve in trade to designate the kind, quality,quantity, intended purpose, values, geographical originor the time of production of the goods or rendering ofthe service or other characteristics of the goods orservice
which consist exclusively of marks or indications whichhave become customary in the current language or inthe bona fide and established practices of the trade,shall not be registered
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Contd
A mark shall not be registered as a trade mark if:
it is of such nature as to deceive the public or cause
confusion.
it contains or comprises of any matter likely
to hurt the religious susceptibilities.
of any class or section of the citizens of India;
it comprises or contains scandalous or obscene matter; its use is prohibited under the Emblems and Names
(Prevention of Improper Use) Act, 1950
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Relative grounds for refusal of registration ( sec 11 )
Existence of likelihood of confusion on the part of
the public due to its identity with earlier trade mark
Mark being a reproduction or limitation of a wellknown trade mark
If the use of mark will be prevented by the law of
passing off, or the copyright law
If it will be detrimental to distinctive character of
the earlier well known trade mark
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Cases
M/s. HERO CYCLES LIMITED Vs. M/s. MAHAJAN
BROTHERS, 2005.
Royal Snacks Food Products Vs. NABISCO Inc, 2005.
M.P.Jewellers Vs. New M.P. Jewellers, 2005.
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