What is a trade mark
Trade
mark can be defined as the formal recognition of the brand of a product or
service which distinguishes one manufacturer from others and accords uniqueness
to the goods and services.
Origin of the trade marks
The
process of assigning names and emblems on the products has been a practice long
in use. For example Indus Valley Civilization reveals that the manufacturers
were induced to affix symbols to their goods or cargo to identify the origin
and to levy the tax thereon. This practice continued to keep its sway even in
the age of industrial revolution and unleashed the concept of trademark
protection.
Features of trademark
·
It is an intellectual property right of the
manufacturer
·
It can be registered
·
It is protected from the infringement through
separate act
Need for protecting trademarks
·
Unscrupulous traders often deceive the customers
by dumping the counterfeit goods and deceptive packeges of well known products.
·
Trademark infringement depreciates the brand image
of genuine manufacturers.
·
Global competition in trade made it obligatory
to globalize the brands and to insulate them from external infringement
Development of the Trademark protection law in India
The
British Common Law has sown the seeds of trademarks protection in India which
has been conglomerated into Trade and Merchandise Marks act 1957. This law was
criticized to be too nationalistic and ignored the interests of foreign
trademarks. Ultimately, India being the founder member of WTO was left with no
option but to change its law in order to meet the requirements of TRIPs.
Therefore the erstwhile act 1957 has been replaced with Trademarks act 1999,
which has become operational only from the year 2003.
Important features of Trademarks act
1999
·
Indian government has established the office of
the registrar of Trademarks at Mumbai with zonal offices at Ahmadabad,
Bangalore, Chennai and Kolkatha to enable the process of registration of
trademarks
·
Surnames, laudatory words and descriptive words
are not allowed to be registered as the trademarks. However the surname which
is completely unique and prefixed with other words can be registered as the
trade mark.
·
The words and emblems reserved for the disposal
of government under the names and emblems ( prevention of improper use ) act
1951 cannot be registered as the trademarks
·
The tenure of protecting the registered
trademark has been extended from seven years to ten years
·
Foreign trademarks were also allowed to be
registered in Indian jurisdiction.
·
Well known trademarks are protected within the
ambit of Indian frontiers irrespective of its registration.
·
Service providers like Bankers, education
institutions and Insurance entities are also allowed to obtain trademarks,
which were not available in the earlier act.
·
Specific certificates missed by the manufacturer
or service provider are also eligible for trademark.
·
All the goods and services are classified into
34 classes, such that, the similar goods of dissimilar classes can not have
uniform trademark.
·
It is possible to have collective trademark for
different goods, if , they are manufactured by a single entity or person.
·
The definition of trademark has been enhanced to
include the brand name, package and the tagline.
·
The new law also enables the registration of
geographical trademarks
Penalties and punishments for the
infringement of trademarks
Any
violation of the provisions of the trademarks act 1999 atrats the penalty
ranging from Rs 50000 to Rs 200000 or impresinment from 6 moths to 3 years or
both.