If the Trademark Examiner identifies problems with the applications, the applicant will be sent a "preliminary rejection. Any one intending to conduct a search of a register of trade mark or a pending application, must be able to know what the mark is.
Granting trademark rights on a generic term-say "apple" for use on apple juice-puts other companies at an unfair competitive disadvantage.
Eligible marks include a arbitrary or fanciful marks, b "suggestive" marks, and c descriptive marks that have achieved "secondary meaning" or "distinctiveness.
The scope of the provision contained in section 9 3 c quoted above is really broad. The use of infringing meta-tags that are identical or deceptively similar to the well-known trade marks have the potential for an internet subscriber to be diverted to an unknown or unwarranted website. Under section 75 of the IT Act, it is declared that it shall apply to any offence or contravention committed outside India by any person irrespective of nationality.
A substantial part of intellectual property law has traditionally been codified under the following legislation: This can happen even if the two products are in completely different areas of commerce. The defendants registered the domain name "Yahooindia. This of course has posed different kinds of problems.
Customs Service prevent others from importing goods bearing infringing marks Process of application for Federal trademark registration[ edit ] Trademarks may be registered online. Trademark compared to other intellectual property laws[ edit ] In contrast to copyright or patent law, trademark protection does not have a set duration or definite expiration date.
When a company has their trademark registered with the USPTO, they must prove to the office that they currently use the trademark in their marketing advertisements and packaging.
If trademarks bear a similar likeness, reasonable customers may mistake one product for another and believe that the two products are associated with one another. The Learned Judge followed the judgment in Kirloskar Diesel Recon Pvt Ltd v Kirloskar Proprietary Ltd AIR Bombaywhere it was held that with the passage of time, the law on the requirement of a common field of activity in a passing off action had radically changed.
Trademarks may lose their protection through non-use, when a trademark is no longer used by a company. While granting the interim injunction in favour of the plaintiff, the court observed that there are many dictionary words that have acquired uniqueness and distinctiveness, and are associated with the business of the concerned companies, and such words have to come receive the maximum decree of protection by courts.
The most serious way in which trademark infringement can occur is through the purposeful misleading of customers. Unprotectable trademarks are those that have features not covered under United States intellectual property law or trademarks that are improperly used and no longer fall within protection.
Arbitrary marks include preexisting words used in an arbitrary way, such as "Apple" when used for computers. Suggestive[ edit ] Suggestive trademarks are still broadly protected. They are usually found on company product packaging or advertisement mediums.
Trademarks may also be lawfully used in parodiessince in that case there is usually no likelihood of confusion. The extra-territorial jurisdiction imposed by the IT Act is limited to an offence or contravention committed outside India by any person if the act or conduct constituting the offence involves a computer, computer system or computer network located in India.
Failure to "police" a mark by stopping infringing uses can result in the loss of protection. An example is "Whirlpool" for washing machines. Under the Companies Amendment Act and the listing agreements of the recognized stock exchanges, substantial disclosures for compliance or corporate governance are now required to be published by Indian companies on their websites.
State trademark registration[ edit ] Trademarks may also be registered at the state level. The plaintiff had adopted the trade mark Yahoo. Likewise, if the application is opposed by a third party, the appeal will be reviewed by the Trademark Trial and Appeal Board. The value of ITU is in establishing priority—that is, determining which business first acquired the trademark rights.
These marks "suggest" something about the product or services they are used on. Trademark law does not protect descriptive terms unless achieve "secondary meaning" in the minds of consumers.
Shape of goods Prior to the Act, the "shape of goods" could have been protected as a design only under the provisions of the Designs Act if it was "new" or "original". The process takes about 6 months from initial application to final registration.
Business organizations during the nineties increasingly used advances in information technology and the world wide web to augment their business prospects.
However, federal trademark registrations expire ten years after the registration date, unless renewed within one year prior to the expiration. The Trade and Merchandise Marks Act covered all passing off actions whether based on trade marks, trade names or business names.
But federal registration requires use of the mark in interstate commerce. Domain name disputes While a number of Indian companies have registered their domain names on the internet, domain name disputes are relatively new to the Indian judicial system.
PROTECTION OF TRADEMARKS IN INDIA A. Requirements for registration of a trademark under the Act: All marks are not registrable as ‘trademarks’ under the Act. For a mark to be registrable, it must conform to certain statutory prescriptions.
This article deals with the concept of trade marks under the Trade Marks Actand recent developments in information technology law and law relating to the protection of domain names.
The Trade Marks Act This Act provided the some protection to the holders of trademarks, but at the same time failed to recognise a trademark in relation to services as opposed to goods. Further the Act provided trademark protection only for a period of five years and adopted a cumbersome procedure for registration of a trademark.
Unprotectable trademarks are those that have features not covered under United States intellectual property law or trademarks that are improperly used and no longer fall within protection. Trademarks may lose their protection through non-use, when a trademark is no longer used by a company.
A Guide to Trademark Protection Under the Lanham Act Posted in Corporate & Securities, Intellectual Property by Allison Kroeker An important tool for any business is the Lanham Act, also known as the Trademark Act ofwhich protects registered trademarks from.
Assuming that a trademark qualifies for protection, rights to a trademark can be acquired in one of two ways: (1) by being the first to use the mark in commerce; or (2) by being the first to register the mark with the U.S. Patent and Trademark Office ("PTO").Trademarks protection under trademarks act with