Snapticle

TRADEMARK

Context -

The High Court of Karnataka has barred Boman R. Irani of the Rustomjee Group, Classic Legends Pvt. Ltd., founded by Mr Irani, Mahindra & Mahindra, and others from using the trademark 'Yezdi' or any other mark incorporating the word 'Yezdi'.

Describe trademark:

  • Trademarks are a type of intellectual property right. Intellectual property laws enable individuals to retain ownership of their innovative products and creative efforts. Because the efforts of human labour discovered intellectual property, it is restricted by a multitude of registration and infringement fees. Trademarks, Copyright Act, Patent Act, and Designs Act are all examples of intellectual property.
  • A trademark is a name, word, or symbol that distinguishes goods from those of other businesses. Marketing products or services becomes easier with a trademark since product recognition with the trademark is secured and easy. The owner has the right to prohibit another rival from using his mark or sign.

India's trademark law:

  • In India prior to 1940, there was no trademark legislation. A number of trademark infringement issues developed, which were handled under Section 54 of the Specific Relief Act 1877, and registration was adjudicated under the Indian Registration Act 1908. To address these issues, the Indian Trademark Act was enacted in 1940. As trade and commerce expanded with the implementation of the trademark legislation, the need for trademark protection soared.
  • The Trademark and Merchandise Act of 1958 superseded the Trademark Act. It improves trademark protection and inhibits the abuse or fraudulent use of marks on items. The Act provides for trademark registration so that the brand's owner can get the legal right to use it exclusively.
  • The government of India updated the old Act with the Trademark Act 1999 to meet TRIPS (Trade-related aspects of intellectual property rights) obligations suggested by the World Trade Organization. The Trademark Act's goal is to protect trademark users by directing the conditions on the property and providing legal remedies for trademark rights implementation.
  • The Trademark Act of 1999 grants the police the authority to arrest in situations of trademark violation. The Act provides a comprehensive definition of the term "infringement," which is commonly used. The Trademark Act includes sanctions and penalties for violators. It also lengthens the registration process and the registration of a non-traditional trademark.

Trademark Typs:

Product Mark:

  • A product mark is a mark that is used on a thing or a product rather than a service. This sort of trademark is used to identify the origin of a product and aids in the maintenance of a company's reputation.
  • Trademark applications submitted under trademark classes 1-34 may be classified as product marks since they represent items.

Service Mark:

  • A service mark is similar to a product mark, except it indicates a service rather than a product. The fundamental goal of the service mark is to differentiate its proprietors from the owners of other services. Trademark applications submitted under trademark classes 35-45 may be classified as service marks since they represent services.

Collective Mark:

    • A collective mark is used to tell the public about specific distinguishing characteristics of a product or service used to represent a collective. A group can use this mark to protect a product or service jointly. The mark holder might be an association, a governmental institution, or a Section 8 company.

 

  • Normally, the criteria of the items in a collective mark are set by the regulator who owns the mark. Others in the collective are held accountable for adhering to particular criteria while using the mark in business. The Chartered Accountant designation is a well-known collective brand in India.

 

Certification Mark:

  • A certification mark is a marking that shows the origin, material, quality, or other particular features of a product that the proprietor grants. The main objective of a certification mark is to highlight the product's standard and to guarantee the goods to buyers.
  • A certification mark may also raise the product's standard among buyers by demonstrating that it has passed established testing to assure quality. Typically, certification markings may be seen on packaged goods, toys, and gadgets.

Shape Mark:

 

  • Shape Mark is solely used to protect the shape of a product so that people associate it with a certain manufacturer and choose to purchase the goods.

 

  • Once a product is identified as having a notable form, its shape can be registered. A shape is anything like a Coca-Cola or Fanta bottle, which has a specific form associated with the brand.

Pattern Mark:

  • Pattern markings are items with distinctive designed patterns that serve as the product's distinguishing feature. Patterns that fail to stand out as a distinctive mark are often eliminated since they provide no function.
  • A design must demonstrate its originality in order to be registered.

Sound Mark:

  • A sound mark is a sound that is connected with a certain supplier's product or service. To register a sound mark, consumers must recognise the service or product or show what the sound represents when they hear it.
  • Audio mnemonics are sound logos that are more likely to occur at the opening or finish of an ad. The music for IPL is the most popular sound mark in India.

Source: TH 

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