Course on Indian Trademark law

What is a Trademark?

Trademark is a branch of intellectual property rights. A trademark includes a name, word, or sign that differentiates goods from the goods of other enterprises.

Before 1940 there was no law on trademarks in India.

Trademark is designated by:

• ™ (™ is used for an unregistered trademark. It is used to promote or brand goods).

• ℠ ( used for an unregistered service mark. It is used to promote or brand services).

• R (letter R is surrounded by a circle and used for registered trademark).

The registration process of Trademark in India

1 First of all, you have to decide the name for which you have to take the trademark
2 After that, a lawyer will run a trademark search. If the name is available then you cannot file the trademark and if the file the trademark then your application will be rejected.
3 Any person, individual, Company, or a legal entity can apply for a trademark in India.
4 After filling of the application you will receive a receipt that your trademark has been filled and after that, you can start using the mark TM( Temporary mark) ( it usually takes 2 to 3 business days)
The trademark office will first check it and if your trademark has been already taken then an objection will be raised. If no objection by trademark then the trademark office will make an advertisement in the Trade Mark Journal.
5 If someone objects on your trademark then you have to file an appeal.
6 Within one year your trademark will be permanently registered.

In this video I have given tips on how you can approach clients for trademark registration

Passing off is a common law tort, which can be used to enforce unregistered trademark rights. The law of passing off prevents one person from misrepresenting his goods or services as that of another. The concept of passing off has undergone changes in the course of time.

Date……………

To

SM & Sons.

(Address)

Notice regarding Breach/Passing off the Trade Mark

Dear Sirs

As Per instructions from our client…..Ltd. we state as follows:

Our client doing business being manufacturer/dealing in Water Filters under Trade Mark ….. for Water Filters and its components.

The said Trade Mark ……. has been advertised in the News¬papers

Our client has been using the said Trade Mark ……since 1950, acquiring a distinguished feature concerning goods of our client by such extensive/continued use of said Trade Mark/advertisements. The high standard of working of Water Filters ….. has won the minds of the public with our client's goods. Our client being established manufacturer/dealer for Water Filters.

Our client's has come to know that you have been manufacturing/selling Water Filters. under a Mark ……. The get-up, mark and packing of your Water Filters are fraudulently alike to that our client's Water Filters, according to look.

You knew our client's said ….. Water Filters at the time of your first trade enquiries, market research and starting your factory and selling the products. Despite such know how of our client's Trade Mark/products the manufacturing/selling of your Water Filters with the Mark ……were with the mala fide motive in trading over our client's reputation/goodwill as made by our client by spending huge amounts apart from expenditure for research/development of our client's Water Filters.

Your product per Mark ……….in the market and our client's Trade Mark ……..have emerged cheating and perplexed the mind public and particularity the intending user in Water Filters.

By your erroneous using Mark ….. for selling the Water Filters knowing completely our client's set up Trade Mark …..for Water Filters, you have become liable under Civil and Criminal actions under Trade and Merchandise Marks Act 1958.

In the last, we ask you to stop/cease at once using the Mark ……. and expressly consent for demolishing all your dies, blocks, labels and cartons with printed/packing materials by giving undertaking convincing our client's.

In case you do not replay by two weeks from the date of receipt of this notice we have instructions to take proper legal actions against you without any notice and in that event you will be held completely liable for all costs and results thereto.

Yours faithfully

Signature of Advocate.