INTRODUCTION TO TRADE

MARKS, TRADE SECERTS,

GEOGRAPHICAL INDICATIONS
PROJECT BY
NAME: A.BINDU MADHAVI
PIN NO:A21126514178
INTRODUCTION:
• TRADE MARKS:
A trademark is an easily recognizable symbol, phrase, or word that denotes a specific
product.

• TRADE SECRETS:
Trade secrets encompass both technical information, such as information concerning
manufacturing processes, pharmaceutical test data, designs and drawings of computer
programs, and commercial information, such as distribution methods, list of suppliers and
clients, and advertising strategies.

• GEOGRAPHICAL INDICATION:
A geographical indication (GI) is a sign used on products that have a specific geographical
origin and possess qualities or a reputation that are due to that origin. In order to function as
a GI, a sign must identify a product as originating in a given place
TRADE MARK:
A trademark (also written trade mark or trade-mark)is a type of
intellectual property consisting of a recognizable sign, design, or
expression that identifies products or services from a particular
source and distinguishes them from others. The trademark owner
can be an individual, business organization, or any legal entity. A
trademark may be loctead on a package, a label, a voucher, or on
the product itself. Trademarks used to identify services are
sometimes called service marks.
A trademark identifies the brand owner of a particular product or
service. Trademarks can be used by others under licensing
agreements; for example, Bullyland obtained a license to produce
Smurf figurines; the Lego Group purchased a license from Lucasfilm
to be allowed to launch Lego Star Wars; TT Toys Toys is a
manufacturer of licensed ride-on replica cars for children.[6] The
unauthorized usage of trademarks by producing and trading
counterfeit consumer goods is known as brand piracy.

The owner of a trademark may pursue legal action against trademark

infringement. Most countries require formal trademark registration
as a precondition for pursuing this type of action. The United States,
Canada, and other countries also recognize common law trademark
rights, which means action can be taken to protect any unregistered
trademark if it is in use. Still, common law trademarks offer to the
holder, in general, less legal protection than registered trademarks.
Designation and symbols:
The symbols ™ (the trademark symbol) and ® (the registered trademark
symbol) can be used to indicate trademarks; the latter is only for use by the
owner of a trademark that has been registered.
A trademark may be designated by the following symbols:
™ (the "trademark symbol", which is letters "TM" thein superscript, for an
unregistered trademark, a mark used to promote or brand goods)
℠ (which is the letters "SM" in superscript, for an unregistered service
mark, a mark used to promote or brand services)
® (the letter "R" surrounded by a circle, for a registered trademark)
TRADE SECRETS:
Trade secrets are a type of intellectual property that includes
formulas, practices, processes, designs, instruments, patterns, or
compilations of information that have inherent economic value
because they are not generally known or readily ascertainable by
others, and which the owner takes reasonable measures to keep
secret.Intellectual property law gives the owner of a trade secret
the right to restrict others from disclosing it. In some
jurisdictions, such secrets are referred to as confidential
information.
The precise language by which a trade secret is defined varies by
jurisdiction, as do the particular types of information that are
subject to trade secret protection. Three factors are common to all
such definitions:
A trade secret is information thatis not generally known to the
public;
confers economic benefit on its holder because the information is
not publicly known; and
where the holder makes reasonable efforts to maintain its secrecy.
In international law, these three factors define a trade secret under
article 39 of the Agreement on Trade-Related Aspects of Intellectual
Property Rights, commonly referred to as the TRIPS Agreement.
Similarly, in the United States Economic Espionage Act of 1996, "A trade
secret, as defined under 18 U.S.C. § 1839(3)(A),(B) (1996), has three
parts:
(1) information;
(2) reasonable measures taken to protect the information; and
(3) which derives independent economic value from not being publicly
known.
Value
Trade secrets are an important, but invisible component of a company's
intellectual property (IP). Their contribution to a company's value,
measured as its market capitalization, can be major.[4] Being invisible,
that contribution is hard to measure.[5] Still, research shows that
changes in trade secrets laws affect business spending on R&D and
patents.[6][7] This research provides indirect evidence of the value of
trade secrecy.
The above includes, according to federal law, "tangible or intangible, and
whether or how stored, compiled, or memorialized physically, electronically,
graphically, photographically, or in writing."
The law also provides the condition that the owner has taken reasonable
measures to keep such information secret and that "the information derives
independent economic value, actual or potential, from not being generally
known to, and not being readily ascertainable through proper means by,
another person who can obtain economic value from the disclosure or use of
the information."
Other jurisdictions may treat trade secrets somewhat differently; some
consider them property, while others consider them as an equitable right.
GEOGRAPHICAL IDENTICATION:
A geographical indication (GI) is a name or sign used on products
which corresponds to a specific geographical location or origin (e.g., a
town, region, or country). The use of a geographical indication, as an
indication of the product's source, is intended as a certification that
the product possesses certain qualities, is made according to
traditional methods, or enjoys a good reputation due to its
geographical origin.
Article 22.1 of the TRIPS Agreement defines geographical indications
as "...indications which identify a good as originating in the territory of
a Member [of the World Trade Organization], or a region or locality in
that territory, where a given quality, reputation or other characteristic
of the good is essentially attributable to its geographical origin.“
Agreement on Trade-Related Aspects of Intellectual Property Rights:

The WTO Agreement on Trade-Related Aspects of Intellectual

Property Rights ("TRIPS") defines "geographical indications" as
indications that identify a good as "originating in the territory of a
Member, or a region or locality in that territory, where a given
quality, reputation or other characteristic of the good is essentially
attributable to its geographic origin."
In 1994, when negotiations on the WTO TRIPS were concluded, governments of all WTO
member countries (164 countries, as of August 2016) had agreed to set certain basic
standards for the protection of GIs in all member countries. There are, in effect, two
basic obligations on WTO member governments relating to GIs in the TRIPS agreement:

Article 22 of the TRIPS Agreement says that all governments must provide legal
opportunities in their own laws for the owner of a GI registered in that country to
prevent the use of marks that mislead the public as to the geographical origin of the
good. This includes prevention of use of a geographical name which although literally
true "falsely represents" that the product comes from somewhere else.
Article 23 of the TRIPS Agreement says that all governments must provide the owners of
GI the right, under their laws, to prevent the use of a geographical indication identifying
wines not originating in the place indicated by the geographical indication. This applies
even where the public is not being misled, where there is no unfair competition and
where the true origin of the good is indicated or the geographical indication is
accompanied by expressions such as "kind", "type", "style", "imitation" or the like.
Similar protection must be given to geographical indications identifying spirits.
Article 24 of TRIPS provides a number of exceptions to the protection
of geographical indications that are particularly relevant for
geographical indications for wines and spirits (Article 23). For example,
Members are not obliged to bring a geographical indication under
protection where it has become a generic term for describing the
product in question. Measures to implement these provisions should
not prejudice prior trademark rights that have been acquired in good
faith; and, under certain circumstances — including long-established
use — continued use of a geographical indication for wines or spirits
may be allowed on a scale and nature as before.
THANK YOU!