TRADEMARK

ACT

&

PATENT ACT
INTELLECTUAL PROPERTY
RIGHTS

IPRs are legal rights which are granted to a person for
creation of the mind or intellect or idea which have
commercial value.
Hence ,there are eight mechanism to protect creation of
mind or person property:
1.patents.
2.copyright.
3.trademark.
4.Industrial design.
5.geographical indication.
6.trade secrets.
7.registration of plant varieties.
8.layout designs of integrated circuit
WHAT IS TRADEMARK?
A trademark, trade mark, or trade-
mark is a recognizable sign,
design or expression which
identifies products or services of
a particular source from those of
others.
The trademark owner can be an
individual, business organization,
or any legal entity.
A trademark may be located on a
package, a label, a voucher or on
the product itself. For the sake of
corporate identity trademarks are
also being displayed on company
buildings.
A trademark may be designated by the following
symbols:
An Unregistered Trademark, that is, a
mark used to promote or brand goods.
An unregistered Service mark, that is, a
mark used to promote or brand services.
A registered trademark
INDIAN TRADEMARK LAW
Indian trademark law provides protection to
trademarks statutorily under the Trademark Act,
1999.
Passing off is a common law tort which can be used
to enforce unregistered trademark rights
Statutory protection of trademark is administered
by the Controller General Of Patents, Designs and
Trade Marks, a government agency which reports to
the Department of Industrial Policy and
Promotion(DIPP), under the Ministry of Commerce
and Industry.



INDIAN TRADEMARK ACT
Trademark According to Section 2 (zb) of the Trade
Marks Act,1999,
trade mark means a mark 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 shape of goods, their
packaging and combination of colors.
A mark can include a device, brand, heading, label,
ticket, name, signature, word, letter, numeral, shape of
goods, packaging or combination of colors or any such
combinations

TRADEMARK
CLASSIFICATION IN INDIA
Trademark in India is classified in about 45
different classes, which includes chemical
substances used in industry, paints,
lubricants machine and machine tools,
medical and surgical instruments, stationary,
leather, household, furniture, textiles, games,,
other scientific and educational products
among many others.
These classes again are further sub-divided.
The main objective of trademark
classification is to group together the similar
nature of goods and services.
ADVANTAGES OF
REGISTERATION
1. Protects your hard earned goodwill in the business
2. Protects your Name / Brand Name from being used in a
same or similar fashion, by any other business firm, thus
discourages others from cashing on your well built
goodwill
3. Gives your products a status of Branded Goods.
4. Gives an impression to your customers that the
company is selling some standard Products or Services
5. The exclusive right to the use of the trade mark in
relation to the goods or services in respect of which the
trade mark is registered.

DURATION & USE OF TM
The term of registration of trademark is 10 (Ten)
years, but may be renewed subject to the
payment of the prescribed fee, in accordance
with the provisions of the Trademarks Act,1999.
An application for renewal of a trademark can be
filed within six months from Constantia (Body)
the expiry of the last registration of trademark
Generally, one who has filed an application
(pending registration) can use the TM (trademark)
designation with the mark to alert the public of
his exclusive claim. The claim mayor may not be
valid. The registration symbol, ,may only be
used when the mark is registered.

WHAT IS A PATENT?
A patent is a state grant in
favour of the inventor
conferring on him a right to
use the invention to the
exclusion of all others.
The fundamental Principle in
awarding a patent is that the
right must be granted for an
invention, which has novelty
and utility.
The extent of legal protection
accorded to a patent is
based upon the way the
patent claim is drafted in the
patent application.
INDIAN PATENT LAW
In order to be patentable , an invention must pass
four tests:-
1. The invention must fall into one of the five
statutory classes: Processes, Machines ,
Manufactures Compositions of matter, and New
uses of any of the above
2. The invention must be useful
3. The invention must be novel
4. The invention must be
nonobvious
PATENTS ACT 1970
Patents Act,
1970
Amended in
1999
2002
2005
Patents Rules, 2003
Amended in
2005
2006


PATENT LAW SALIENT
FEATURES
Both product and process patent provided
Term of patent 20 years
Examination on request
Both pre-grant and post-grant opposition
Fast track mechanism for disposal of appeals
Provision for protection of bio-diversity and traditional
knowledge
Publication of applications after 18 months with facility
for early publication
Substantially reduced time-lines
SAFEGUARDS
Compulsory license to ensure availability of
drugs at reasonable prices
Provision to deal with public health
emergency
Revocation of patent in public interest and
also on security considerations

TYPES OF PATENTS
THREE TYPES OF PATENT ARE GRANTED UNDER
THE PROVISIONS OF THE ACT, NAMELY:
An Ordinary Patent
A Patent Of Addition
A Patent Of Convention

A SECOND TYPE OF CLASSIFICATION OF PATENT IS:
Product Patent
Process Patent
EXPIRY OF A PATENT
A patent can expire in the following ways:
1.The patent has lived its full term.
2. The patentee has failed to pay the renewal fee.
3. The validity of the patent has been successfully
challenged by an opponent by filing an opposition either
with the patent office or with the courts.
4. As soon as the patent expires, it pass to the general
public domain and now anybody can use it without the
permission of the original inventor