What are the different types of trade marks?
Types of Trademark
- Product Mark. Product mark is a mark that is used on a good or on a product rather than on a service.
- Service Mark. Service mark is similar to the product mark but a service mark is used to represent a service rather than a product.
- Collective Mark.
- Certification Mark.
- Shape Mark.
- Pattern Mark.
- Sound Mark.
What kind of trademarks can be registered under the Indian Trade Marks Act, 1999?
Trademark defined under Section 2 (zb) of the Trade Marks Act, 1999 as, “trade mark 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.” A mark …
Is the law poetry?
Law and poetry have a curious but intriguing relationship with one another. In these ways, law and poetry offer insight and understanding into the human condition. But law is not poetry (although lawyers can be poetic)’ and poetry is not law (although poets can be “legislators”).
What are the 5 types of marks on the line of spectrum of distinctiveness?
The following are the five categories:
- a) Fanciful Marks. These are words, symbol or devices which have been expressly invented/coined for the purpose of serving as a trademark.
- b) Arbitrary Marks.
- c) Suggestive Marks.
- d) Descriptive Marks.
- e) Generic Marks.
How many types of marks are there in India?
In India, there are seven types of trademarks recognised under the Trademark Act of 1999.
What are the salient features of Trademark Act, 1999?
The new Act enables an applicant to file a single application for registration of the same mark in respect of goods or services falling in more than one class. It means that the law facilitates registration of the same mark in several classes by means of single application.
Who gives trademark?
Trademarks in the United States are registered through the United States Patent and Trademark Office (USPTO) and are identified with the ® symbol. But trademarks don’t have to be registered in order to give the company or individual protection rights.
What is a figurative trade mark?
Figurative mark. It is a trade mark where non-standard characters, stylisation or layout, or a graphic feature or a colour are used, including marks that consist exclusively of figurative elements.
What is acquired distinctiveness and inherent distinctiveness?
An acquired distinctiveness trademark occurs when an unregistered mark gains distinctiveness; it develops into a trademark when the public associates it with a particular set of services and goods. This typically occurs as a result of considerable advertising and widespread commercial use.
What is the Trade Marks Act 1999?
Short title, extent and commencement.— (1) This Act may be called the Trade Marks Act, 1999. (2) It extends to the whole of India.
When did the Trademark Act come into force?
The law related to trademark was governed by the Trade and Merchandise Act, 1958, 1958 until the trademark’s act of 1999 came in force. Any infringement of the trademark, gave entitlement of legal remedies like an injunction, delivering up of injunction labels, etc. The marks registered had to be distinctive.
When was the Trade Marks Registry established?
(1) For the purposes of this Act, there shall be a trade marks registry and the Trade Marks Registry established under the Trade and Merchandise Marks Act, 1958 (43 of 1958) shall be the Trade Marks Registry under this Act.
What is the meaning of existing registered trade mark?
(4) For the purposes of this Act, “existing registered trade mark” means a trade mark registered under the Trade and Merchandise Marks Act, 1958 (43 of 1958) immediately before the commencement of this Act. 3. Appointment of Registrar and other officers.—