Introduction to Trade Marks Act, 1999

Key Takeaways:

- Significance
- Grounds for refusal of registration
- Recent judgement on covishield

1. Introduction to Trade Marks Act, 1999 CS Meenakshi Jayaraman

2. Research Credits Iswariya BS Hari Saanthosi R

3. Legends Used Act The Trade Marks Act, 1999 CG Central Government CRPC Criminal Procedure Code HC High Court IPAB Intellectual Property Appellate Board IPC Indian Penal Code SII Serum Institute of India TM Trade Mark TRIPS Trade Related aspects of Intellectual Property Rights

4. Presentation Schema

5. History of Trade Mark Act

6. History of Trade Mark Act

7. What is Mark & Trade Mark?

8. What is Mark? What is a Trade Mark? As per Section 2 (1) (m) of the Act, M ark includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof As per Section 2 (1) (zb) of the Act, TM means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours and-

9. Contd. Thus, for a mark to be treated as trademark, it has to satisfy the following conditions: It must be graphically represented and It must be distinguishable from other persons goods or services

10. Why Trade Mark?

11. Why Trade Mark?

12. Importance of Trade Mark

13. Trade Mark office and officers

14. Trade Marks officers Section 3

15. Trade Mark offices Territorial jurisdiction for filing TM application Section 5

16. Register of TM & Classification of goods and services

17. Register of TM Section 6

18. Classification of goods and services Section 7 International Classification of Goods and Services  also known as the Nice  Classification  was established by the Nice Agreement in the year 1957 It is a system of classifying  goods and services  for the purpose of registering trademarks

19. Grounds for refusal of registration & Limitation as to Colour

20. G rounds for refusal of registration Section 9

21. Contd. Limitation as to Colour Section 10

22. Relative grounds for refusal of registration

23. Relative grounds for refusal of registration Section 11 Section 12*

24. Contd. TM shall not be refused registration on the grounds as specified above, unless objection on any one or more of those grounds is raised in opposition proceedings by the proprietor of the earlier TM

25. Judicial Precedent Judgement as on 16 th July, 2018 by IPAB Citation Code: ORA/12/2016/TM/DEL

26. Contd.

27. Contd. If the proprietor of the earlier TM or other earlier right consents to the registration, TM will not be prevented from registration and in such case the Registrar may register the mark under special circumstances as mentioned u/s 12 If the TM is treated as well known in at least one relevant section of the public in India either by Court / Registrar, then it shall be considered as a well known TM for registration by the Registrar

28. Contd.

29. Pune District Court and Bombay High Court judgement on Covishield Date of Judgement: 20 th April, 2021

30. Facts of the case

31. District court decision

32. High court decision

33. Conclusion

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