CONTENT

Trademark
1 3 Applicatiom for
registration

2
Protection of 4
Ju Removel of trademark
trademark right
 TRADEMARK

A symbol, word, or words legally registered

or established by use as representing a
company or product
 Examples of trademark

 McDonald's famous slogan will be

''I'm lovin' it'' is used for multiple of
advertisement they used.
 Brand names like Apple, McDonald's
 Essentials of trademark

It communities Short and

brand's message uncomplicated

Easy to speak and Unique

spell
 Essentials of trademark

Easy to Described in sigle

pronounce word

Easy to remember Satisfy the

requirements
Signs may serve as
trademark
 Why we use trademark

 To identity the goods and

their original
 Brand recognition and
differentiation
 Consumer trust and
reputation
 Protection of trademark
Use Registration

First of all, in countries that have Nearly all countries today provide for a trademark
traditionally register, and full trademark protection is properly
based trademark protection on secured only by registration
use, the registration of a
trademark merely confirms the
trademark
right that has been acquired by
use.
 Use Requirments
Need for obligations to use Proper use of trademark
Consequence's of non use

The principal consequence of

Trademark protection is not Non-use can lead to
unjustified non-use is that the
an end in itself. the loss of trademark
registration is open to
There is an absolute need to rights. Improper use
cancellation at the request of a
provide for a use obligation can have the same
person with a legitimate
in trademark law result,
interest.
 Application for registration

 The application form has to be

completed with the name and
address of the applicants.
 sign filed for registration must appear
in the application form
 The applicant has also to list the
goods for which the sign is to be
registered.
 Examination
Examination as to Form :
Countries generally accept application for
registration of a trademark only if the formal
requirements are fulfilled.
Examination as to Substance:
Most countries examine trademark
applications as to substance in the interest of
both the public and competitors.
 Refusal of registration
 Before issuing a total or partial refusal of the
 The decision refusing an
application, the office should give the applicant an
application either partly or totally
opportunity to make observations.
must be open to appeal.
 Depending on the legal system of
the country, the appeal may be
lodged with the registrar, with an
administrative appeal board or
with the court.
 Data of registration

If the application leads to registration,

the office issues a certificate to the
owner. The owner’s exclusive right exists
from the date of registration. However,
the priority of the right should date back
to the date of filing for registration.
 Duration and renewal

Since trademarks do not grant an exclusive

right that could be exploited, there is no need
to limit their validity. For administrative
reasons, a time limit is generally provided for
in trademark laws, but it is possible to renew
registrations when the time limit expires.
 Publication and access to the
register
It is important for owners of prior rights
and the public that all relevant data
contained in theregister, concerning
applications, registrations, renewals and
changes of name, address and
ownership, should be published in an
official gazette‫۔‬
 Removel of
trademark
The cancellation of a trademark
registration is a serious matter for its
owner, as it leads to a loss of his rights
under the registration. Nevertheless,
there are a number of grounds on which
a trademark can be removed from the
register‫۔‬
 Removel of failure to
It has been shownrenew
that, for administrative
reasons, a trademark is registered for a
certain period of time only. If the owner
fails to renew his trademark registration
and more specifically fails to pay the
renewal fee, this leads to the removal of
the trademark from the register‫۔‬
 Removel at the request of owner
The registered owner can himself, at any
time, renounce his registration for either all
or some of the goods for which the mark is
registered. At the request of the registered
owner, therefore, the authorities will in
principle remove the mark from the register
either wholly or in part.
 Removel for failure to use
If the owner of a trademark fails to use
his mark within the grace period
provided for in the law, any interested
party can, in principle, ask for its
cancellation. If the owner cannot justify
the non-use, removal of the registration
is ordered by the court.
 Cancellation on account of nullity

If a trademark consists of a sign that

should not have been registered, it can
be declared
null and void by the court at the request
of any interested party.
Removel of a mark that has lost its distinctiveness
If the registered owner has provoked or
tolerated the transformation of a mark
into a
generic name for one or more of the
goods or services in respect of which
the mark is registered,
the mark becomes liable for removal
from the register.
 Right Arising from Trademark
Registration
This short definition of the specific subject
matter of trademark rights encompasses
two things:

☆The Right to Use the Trademark

☆The Right to exclude others from using
The mark
 Trade Marks licensing
Trademark licensing is the process by which a registered
trademark owner, called a licensor or proprietor, allows
another party, called a licensee, to make and distribute
specific products or services under the licensor's
trademark agreement.

☆Control by the owner

☆Formal requirement

☆Restrictions on the licensee

Thanks for attention
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