A PROJECT ON

“INTRODUCTION ON TRADEMARK AND LEGAL RULE”

SUBMITTED TO :SAURABH SIDDHARYHA

(Assistant Professor)
Faculty of law ,

SUBJECT: Intellectual Property Law

SUBMITTED BY:AKAF K RAHMO
ENROLLMENT NO.21FLPCDDN010040
DATE OF SUBMISSION:14.11.2021

SIGNATURE OF THE STUDENT-

SIGNATURE OF FACULTY-

ICFAI LAW SCHOOL

THE ICFAI UNIVERSITY,DEHRADUN
 Table of contents
ACKNOWLEDEGMENT………………………………………………………..

LIST OF ABBRIAVATION……………………………………………………...

OBJECT AND METHODOLOGY………………………………………………

INTRODUCTION………………………………………………………………..

CHAPTER 1.TRADEMARK: GENERAL RULE

1.1 How trademark effect in commerce……………………………

1.2 What is trademark……………………………………………..
1.3 Meaning and type of trademark……………………………….
1.4 Legal protection on trademark………………………………..
1.5 How to protect trademark…………………………………….
1.6 Main function of trademark…………………………………
1.7 Mark and sign

CHAPTER 2.WHAT ADD UP TO REGISTRABLE TRADEMARK

2.1 sign,symbol or mark…………………………………………..

2.2 Classification of Sign…………………………………………

CHAPTER 3. REGISTRATION OF TRADEMARK

3.1 Eligible for registration trademark…………………………….

3.2 Requirement of Registration…………………………………

3.3 Date ,Renewal, Duration of trademark………………………

CHAPTER 4 MARK TO BE USE

4.1.Proper use of trademark…………………………………….

CHAPTER 5 REMEDIES FOR INFRIGNMENT OF TRADEMARK

5.1 Filling a Law suit for infrignment of trademark

CONCLUSION……………………………………………………..

BIBLIOGRAPHY………………………………………………….

ACLNOWLEDGEMENT
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OBJECT AND METHODOLOGY

INTRODUCTION
 A trademark is different symbol, mark, logo, printing, or word that are
registered legally or established by the company to represent their own brand or product .A
trademark were established for the first time in India law with the trademark Act1999, 1
which came into force in India in September 1958.The new trademark Act was line up with
WTO recommendation which must to correlation with the TRIP agreement India has
signatory. Trademark protect their brand name, symbol, or logo to be used in goods and
services, in term of qualification aspect which is already applied to marks or adopted by
different for being well known regular used .globally approved to be used voluntarily in
India.2 Trademark is a true right which was protected by the law of the land .As we know
trademark are totally different from Patent that protect copyright and invention which protect
the original of work of Authorship.

The main purpose of trademark is to furnish brand recognition to the

customer. Trademark guaranteed the consumer that the company or the product was original
which was reliable quality , the right to usage a mark allowed to be function by the registered
proprietor or a registered 3

In short, Trademark prevent the consumer from being fraud.

Accordingly trademark make certain free competition by preventing the goodwill of that
quality that own the mark, logo ,symbol or word and benefit of trademark registration

To be selection of trademark for business or company ,the trademark shall not be similar with
the other trademark or mark there can be infringement of trademark for similarity of logo,
symbol, sign or word .

A trademark infringement was defined by UNITED STATE PATENT

AND TRADEMARK OFFICE (USPTO) as authorized use of trademark or services mark on
or in connection with goods or services in a manner that is likely to cause confusion
deception or mistake about the source of good and services.

And also section 29 of the trademark Act 1999 define infringement of

trademark according to section 29 of trademark Act 1999 when an authorized person used a
trademark that is identical or deceptively similar to a registered trademark, It is known as
infringement

CHAPTER 1. TRADEMARK GENERAL RULE,

 The word trademark was already exist in ancient period ,the people living
in that period prepared their need from craftsman, this was creative entrepreneur which
marked their goods and product beyond locality and sometime from a long distance .over
3000 years ago Indian craftsmen make use of their original mark or symbol in their artistic
work or creation before shipping to other country. Around 2o th century China manufacture
goods was imported in other country also has bearing the original mark in the meditarian
sea as well as thousands of roman historian, Poetry, Literature have their own mark at the
time of their artistic work including the FORTIS brand which become very popular in 17
century that was also copied and forged .With the widening trade of middle age. To utilized
the mark or symbol to classified the goods of merchant and manufactured where enlarge
several years ago. However their economy term still was limited on that period till present
day.

When industrialization was established trademark play an important role in

every corner and still become the important factor on international trade in the modern world

And market oriented economics

How the explanation and how the important of trademark play very
important role in the modern world

1.1 HOW TRADEMARK EFFECT IN COMMERCES

The rapid growth of industrialization and the growth of marked oriented
economics permit competing manufactured and trader to provide consumer a variation of
goods in the same class. Frequently without manifest difference for consumer they
provide general vary in quality, prices and other distinctive. The Consumer must be given
proper guideline that allow the consumer to recognized to think about the different and
make their satisfaction between the competing of goods and services.so the goods must be
giving named and the product must be in a accurately in the trademark.
In business trademark also needed to separate their product.at the mean
time in order the make sure the consumer must be communicated .and then trademark
provide their owner in the recommendation and selling out of good that provide the
economy by assist to account for the mersenary of goods.

1.2 WHAT IS TRADEMARK

A trademark is a mark use in link to goods and services that show

interrelationship in the course of trade between goods and services that allow the proprietor
has right to use the mark. According to trademark ACT 1999 “Trademark means capable of
being represented graphically and which is capable of distinguishing the goods or services of
one person from those of others and may include the shape of goods, their packaging and
combination of colours”

According to WIPO “Trademark is any sign that individualize

good of a given enterprise and distiquished them from the goods of its competitors”
The explanation contain two feature which are referred to as different function of Trademark
however, interdependent and all consists must be brought together

MEANING AND TYPES OF TRADEMARK

From the above difination and expalination

We can understand the major point of trademark.Trademark mean any symbol mark sign or
word registered legally or established by the company to represent their own brand or
product.

TYPES OF TRADEMARK

Trademark are of five types namely;

A) Generic trademark

B) Product trademark

C) Service trademark

D) Certification trademark

E) Collective Trademark

A)Generic trademark: A generic trademark does not qualified for a

trademark until its included the specific more detail. An example of generic mark are an ICE
CREAM SHOP this trademark protect on generic and would restrict all other vendor to sell
ice cream.

B) Product trademark: Product trademark are those mark that are

secure to recognize the goods

C) Service trademark:services trademark are those mark that

recognize the service of the body such as trademark for services etc. that are used for
advertised of services

D) Certification trademark:Certification trademark are those mark

that are competent for classifiacation of good and services that link with the propriater with
regard their original work quality or other specific property.

E) Collective Trademark:collective trademark are those trademark

that are register in the name of association,g group or other organization for commercial use
and to recognize the membership of their organization.

3.4 LEGAL PROTECTION ON TRDEMARK

 Why trademark is needed to be protected by legal because of
competitor which can be identical sign for the same use of similar goods so that the
consumer will not identical in the original of the goods
A fraud consumer may not aware of buying a fake product that
purchase is not the original of trademark,if the goods or product does not meet the
standard originality of trademark the owner was to be held liable for not genuine of the
product however, if the customer bought a fraud product by unaware of trademark which
intent to buy an original product,the consumer can face difficulties for infringe of the
trademark.therefore it is well known that the original trademark was protect from
compitator from identical or similar trademark of goods.therefore it is a propriertory right
and to protect the owner from misused of the trademark

3.5 HOW TO PROTECT TRADEMARK

In the modern competitive world trademark need to be protected
from Identical use of trademark therefore trademark can be protected by usage or
registration. The Paris Convention for the protection of industrial property on march
20,1893” (the Paris convention) under this rule to protect trademark, it is mandatory for
the owner to br register trademark,over 100 state attend PARIS CONVENTION,almost
major country of the world to be register for their trademark protection and also full
protection of trademark can only be obtain by registration .
Although,a few country still apply the old process of
trademark and still not applicable for register trademark example Bhutan and Maldives

3.6 MAIN FUNCTION OF TRADEMARK

a) quality function or guarantee function

b)advertising function

c) economic function

a) Quality function or quarantee function: The consumer are compatible for the quality
of goods which provide under te mark this is sometime refered to as quality function or
quarantee function

b) advertising function:when the owner use the trademark to contact to theconsumer not
only with bearing the mark but also with theadvert

BIBLIOGRAPHY

1. The Trademarks Act, No. 47 of 1999 [hereinafter The Act of 1999], reprinted in
ASHUANI

BANSAL, LAW OF TRADEMARKS IN INDIA 460 (2001).

2. The Protocol Relating to the Madrid Agreement Concerning the International Registration
of Marks (concluded 1989, entered into force 1995,became operative 1996)

3. Introduction to Intellectual Property-theory and practice (Kluwer Law International,1997)

p.184