Documentation of
trademark and its Origin procedures in India:
Documentation of
trademark and its common procedures:
Documentation of trademark is a
productive tool to improve the business in market. Trademark registration attains important position in the business
market. The association of trademark committee enhancing the trade and
merchandise act under the controller- General of Patent. This committee sets
the tone for modern development of trademark. This new laws are processing in
now days trademark law procedures. The
first trademark registration process replaced the trade and merchandise Act,
1958. These norms are fixing as stable standards for Paris convention.
The important feature of
trademark including with Provision of trademark registration, goods and service
separation, Special amalgamations, simplifying the procedure, explicit
protection for well-known trademark, Eradication of infringement, trademark
licensing, setting up an appellate board all are the common judicial pronouncements.
Accession to Madrid Protocol:
International brand name registrations are preceded
by the legislative changes. Madrid protocol system is administering through World
Intellectual property organization. It is a united nations specialised agency
affords cost effective and user friendly uniform procedure for a single
application. Trademark act, 1999 replaced the1958 act and introduced the
important changes not only to integrate the law with the international standard
but also to be Indian Judicial statements.
The definition of trademark has
been enlarged to Includes the shape of goods, their packing and combination of
colours. The present definition keeps it open to enable registration of even
non-traditional marks. They could be represented graphically and to be put on
the register of trademarks. It is learnt that already some marks of this nature
have been registered under the act. The definition is sufficiently
comprehensive to include trade-dress which includes the total images of the
product. To give greater statutory protection, to trade and consumer interest
against deception comes in trademark.
Documentation of trademark for massive competition:
Unfair competition and dishonest
trading is a well-known evil in business. It paves the way for victims in
unhealthy trade practice to the detriment of public. TRIPS agreement contains
obligations on the member states to give effective protection. Specifically, it
mandates compliance with the provisions of article 6bis of the Paris convention.
Logo registration contains detailed
rules for protection of well-known trademarks. These obligations are
incorporated with the 1999 act. Although under the old act of 1958 even though
the position was not explicit, in infringement and passing of actions are extending
to protect the marks.
Documentation for famous brands:
Some marks are such that the
public relates any product carrying the mark would emanate from the said
source. Such trademark registrationis few but the protective umbrella in such cases is wider and extensive. These
are marks were the line between the goods and name blurred. The mark starts to
represent the source or the person than merely particular or specific types of
goods or services. The plaintiff who has developed and nurtured this mark to
make it a household name and associate the name with products of high quality
is entitled to protection from third persons who want to claim benefit of its
reputation.
At the same time it cannot be
over looked that in view of the provision for extended protection to well-known
trademarks there may be tendency among trademark owners to have their trademark
declared to be well known. Such claims are generally based on trademark
registration in several classes. Sales turnover in respect of some classes of
goods and length of user with moderate approach.
Documentation for famous mark:
The recent trends in Canada and
pre-2006 decisions in 2006 in the United States have, however, shown that the
mere advertence to existence of famous mark, by itself is insufficient to
guarantee an injunctive relief. Courts, particularly, in Canada have insisted
on the plaintiff establishing injurious associations in the case of dissimilar
goods in brand name registration. The
Apex court has in view of the slow disposal rate of suits in the original side,
impressed on the need for the intellectual property cases to be expeditiously
decided. The Apex court directed as follows
Copy right and patents should be
strictly complied with by all the courts and the hearing of the suit in such
matters should proceed on to day basis and the final judgement should be given
normally within four months from the date of filing of the suit.
Documentation and revision of trademark act, 1940:
In the light of working of the
trademarks Act, 1940 it was felt that the law needed improvements to meet the
growing needs of the commercial community. Accordingly, a committee known as
the trademark enquiry committee was appointed in November, 1953.As the report submitted
by the committee showed strong difference of opinion among the members, the
government of India examine further committee’s report and the material
gathered by the trademark provisions relating to the logo registration.
It relates to the Indian
Merchandise Marks and Indian Penal Code and to recommend the revision. Certain
minute amendments ate carried out by the repealing and amending act, 1960. For
registration in the distance part of the country, to enlarge the field of
registrability, to combine the patent office and the trade marks registry to
secure better coordination of the administration of the different laws relating
to industrial property.
Documentation and enactment of trademark act, 1999:
For the flawless trademark registration 1993 bill was
referred to the department related to the parliamentary standing committee on
industry for examination and report. The committee invited suggestion and
comments from interested individuals, organization bodies on the various
clauses of the bills. Apart from considering the written memoranda submitted by
those interested oral evidence from the representatives the acts is preceded.
Observation of Parliamentary committee:
Taking into account the
documents, memoranda and evidences in respect of the brand name bill 1993. As per the common qualification for brand
name registration as follows:
Distinctive and separated by
other marks.
It not carry and confusion or
deception
It should not have scandalous or
obscene matter
It should free from religious susceptibilities
of any class
The registration of trademark
does not confer any new right on the holder of the trademark.
Conclusion:
These are the common
documentations following in the Logo registration process from the origin and now
a day process. Solubilis is the central hub for offer its Private limited company registration to other Intellectual property
registrations in All over India. We are active in Coimbatore, Chennai, Tirupur,
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