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1. Introduction to Trade Marks & Trade Secrets Presented by, N.KUMUTHA , (Registered Patent Agent IN/PA 4292) Project Scientist II Patent Information Centre Tamil Nadu State Council for Science and Technology Chennai

2. A is the film producer, B has an account in C’s online channel without any disclaimer, B is copying A’s film and upload it in his channel account, D is viewing B’s channel, E is commenting on B’s channel, F is downloading from B’s channel. Now who are the copyright infringer ? • B & C • C & F • B, C, D, E & F • D, E & F • B & F

3. A is the film producer, B has an account in C’s online channel with disclaimer, B is copying A’s film and upload it in his channel account, D is viewing B’s channel, E is commenting on B’s channel, F is downloading from B’s channel and broadcasted the audio content on the film in his channel. Now who are the copyright infringer ? B & C C & F B, C, D, E & F D, E & F B & F

4. A is an author of a book and publish by his own in the year 2000, also assigns all his property to his son B. A is died on 2020. C is copying A’s work on 2030. Did C is infringing A’s work? Yes No   A is an author of a book and publish by his own in the year 2000, also assigns all his property to his son B. A is died on 2020. C is copying A’s work on 2090. Did C is infringing A’s work? Yes No

5. A is an author of a book and publish through XYZ publications in the year 2000, also assigns all his property to his son B. A is died on 2020. C can copy, A’s work without infringement from the year ? 2001 2021 2061 2081

6. Outline Introduction Classification Criteria Examples Forms and fees Infringement cases Trade Secrets

7. Which one you prefer?

8. Trademark The Trade marks Act, 1999 Recognizable mark that helps and protects the consumers to identify and differentiate the goods, products or services from one another based on their quality and reputation. Treaties: Benelux system of registration, Paris Convention treaty, Trademark Registration Treaty, Madrid agreement , Madrid protocol , European Community Trade Mark (CTM) Nice Classification: Goods – 1 to 34, Services – 35 to 45

9. Trademark Classification - Goods Classes Particulars Class 1 Chemicals used in industry, science and photography, agriculture, horticulture, forestry, manures etc. Class 2 Paints, varnishes Class 3 Perfumery, cosmetics, etc. Class 4 Industrial oils and greases (Other than edible Oil) etc. Class 5 Medicinal, Pharmaceutical, V eterinary and Sanitary substances etc. Class 6 Un-Wrought and partly-wrought c ommon metals and their alloys etc. Class 7 Machines and machine tools, motors etc. Class 8 Hand tools and implements etc. Class 9 Scientific, Nautical, Surveying and Electrical apparatus etc. Class 10 Surgical, Medical, Dental and Veterinary Instruments etc. Class 11 Installation for Lighting, Heating etc. Class 12 Vehicles and their parts, apparatus, Locomotion by land, air or water. Class 13 Fire arms, ammunition and projectiles etc. . Class 14 Precious metals and their alloys, etc. Class 15 Musical instruments. Class 16 Paper and Paper Articles, Stationery, Printed Matters etc. .

10. Trademark Classification - Goods Classes Particulars Class 17 Gutta-Percha , Indian Rubber etc. Class 18 Leather and imitations of leather etc. Class 19 Building materials etc. Class 20 Furniture, Mirrors etc. Class 21 Household Domestic Utensils etc. Class 22 Ropes, string etc. Class 23 Yarns and threads, for textile use. Class 24 Textiles and textile goods, not included in other classes; bed and table covers. Class 25 Clothing, footwear, headgear. Class 26 Lace and embroidery, ribbons and braid etc. Class 27 Carpets, rugs, mats etc. Class 28 Games and Playthings etc. Class 29 Meat, Fish, Poultry etc. Class 30 Coffee, Tea, Cocoa etc. Class 31 Agricultural, Horticultural and Forestry products and Grains not included in other classes Class 32 Beers, Mineral and Aerated Waters and Other Non-Alcoholic Drinks not included in other classes Class 33 Alcoholic beverages (except beers). Class 34 Tobacco; smokers' articles; matches.

11. Trademark Classification - Services Classes Particulars Class 35 Advertising; business management; business administration; office functions. Class 36 Insurance; financial affairs; monetary affairs; real estate affairs. Class 37  Building construction; repair; installation services. Class 38 Telecommunications. Class 39 Transport; packaging and storage of goods; travel arrangement. Class 40  Treatment of materials. Class 41 Education; providing of training; entertainment; sporting and cultural activities. Class 42 Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. Class 43 Services for providing food and drink; temporary accommodation. Class 44 Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. Class 45  Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals. Source: IPO annual report 2015-16

12. It can be Words (Nestle), Letters ( Hp ), Numerals (555 ) It can be given to Slogans (Just Do It), Characters (Air-India), Services (IRCTC), Certification marks (ISI), Logos (Apple), Collective marks, Generic marks, Descriptive marks, Suggestive marks, Arbitrary marks, Geographical indicators Trademark

13. Identified by, TM selection: Distinctive not descriptive, Stylish name, Easy to pronounce/ spell/ remember, no qualitative description, not similar/ identical. Term: 10 years + Renewable for every 10 years Should be original and new Trademark

14. Examples

15. Forms & Fees Form Description Fees (INR) TM-A Application for registration 5000 (10000) TM-O Opposition 10000 TM-R Renewal of registration 10000 TM-P To register a subsequent Proprietor 10000 TM-C Search and Issue of Certificate 10000 TM-M Miscellaneous 1000

16. Identify the correct logo

17. Identify the correct logo

18. Identify the correct logo

19. I N F R I N G E M E N T T R A D E M A R K S

20. HUL vs Utkarsh Somani MakeMyTrip vs Pravasi Guide P vt Ltd m akemytrip.com makemypravaas.com Infringement Cases VVV & sons vs Shivaraja Impex HUL vs Ankit

21. Trade Mark Certificate

22. Trade Secret / Undisclosed Information Best material to use Sources of materials Financial standing of business Employee records Credit rating of customers Production information Business methods Formula Pattern Compilation Program Techniques / methods Product plans Product costing Source : TIFAC

23. KFC’s 11 herbs and spices Coca-Cola’s recipe Google’s search algorithm Examples of Trade Secrets

24. A is the film producer, B has an account in C’s online channel without any disclaimer, B is copying A’s film and upload it in his channel account, D is viewing B’s channel, E is commenting on B’s channel, F is downloading from B’s channel. Now who are the copyright infringer ? • B & C • C & F • B, C, D, E & F • D, E & F • B & F

25. A is the film producer, B has an account in C’s online channel with disclaimer, B is copying A’s film and upload it in his channel account, D is viewing B’s channel, E is commenting on B’s channel, F is downloading from B’s channel and broadcasted the audio content on the film in his channel. Now who are the copyright infringer ? B & C C & F B, C, D, E & F D, E & F B & F

26. A is an author of a book and publish by his own in the year 2000, also assigns all his property to his son B. A is died on 2020. C is copying A’s work on 2030. Did C is infringing A’s work? Yes No   A is an author of a book and publish by his own in the year 2000, also assigns all his property to his son B. A is died on 2020. C is copying A’s work on 2090. Did C is infringing A’s work? Yes No

27. A is an author of a book and publish through XYZ publications in the year 2000, also assigns all his property to his son B. A is died on 2020. C can copy, A’s work without infringement from the year ? 2001 2021 2061 2081

28. Thank You Reach me @ [email protected] 9790364565 Patent Information Centre Tamil Nadu State Council for Science and Technology DOTE Campus Chennai - 600 025  Tamilnadu , INDIA.   Phone : [phone]  Telefax : [phone]  E-mail : [email protected] [email protected] Website: www.tanscst.nic.in