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MINISTRY OF COMMERCE
MINISTRY OF HUMAN RESOURSE
AND INDUSTRY
DEVELOPMENT
COPYRIGHT OFFICE
CONTROLLER GENERAL OF
PATENTS, DESIGNS & TRADE MARKS
Sr.JOINT GIR
CONTROLLER JOINT
OF PATENTS REGISTAR OF
AND DESIGNS TRADEMARKS
Legislative Measures
UTILITY PATENT
Decision By Controller
Patent Applications Examined
16000 14813
14000
12000 10709
9538
10000
8000
6000
4000 2824
2000
0
1999-2000 2002-03 2003-04 2004-05
Trademark Definition
A trademark is a
designation used by a
person to “identify and
distinguish his or her
goods…from those
manufactured or sold by
others to indicate the
source of the goods,
even if that source is
unknown.”
Types of Trademark
The Principal Functions Of Trademark
Various
technical parts
& mechanisms
are subject
Brand name- mater of
registered under protection
trademark under Patents
WTO(GATT/TRIPS) And Patent
• The Patent Act has been amended to bring this
into effect from January 1, 2005.
• GATT required that the distinction between
product and process patents be done.
• It required that a product patent be allowed on
all new products.
• Farmers in India can use new variety of seed-
part of TRIPS.
• patent right for all inventions has been raised to
20 years
WTO(GATT/TRIPS) And
Trademark
• The new Act was put into effect from
September, 2003.
• The new law has been enforced with the
commitments made by India as a
signatory to the TRIPS agreement under
the GATT
Difference between Trademark and
Patent
TRADEMARK PATENT
Before Now
OLD
STORAGE SPACE
Before
Now
WORKING AREA
Before Now
CASH SECTION
Before Now
MULTI-PURPOSE AREA
Before Now
MODERNISED WAITING AREA