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Questions and Answers
What is the deadline for filing a notice to oppose a trademark after publication in the Trademark Journal?
What is the deadline for filing a notice to oppose a trademark after publication in the Trademark Journal?
Which application needs to be filed if a trademark is opposed or objected?
Which application needs to be filed if a trademark is opposed or objected?
When is a registration certificate issued if there is no objection during the advertisement period?
When is a registration certificate issued if there is no objection during the advertisement period?
How long is a trademark registration valid for initially in India?
How long is a trademark registration valid for initially in India?
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Which type of marks are the most common in India for trademark registration?
Which type of marks are the most common in India for trademark registration?
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What do Service Marks represent?
What do Service Marks represent?
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What is the primary purpose of protecting an unregistered trademark under the common law principle of passing off?
What is the primary purpose of protecting an unregistered trademark under the common law principle of passing off?
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According to Section 2(1)(zb) of the Trademark Act, 1999, what must a trademark do in order to be valid?
According to Section 2(1)(zb) of the Trademark Act, 1999, what must a trademark do in order to be valid?
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Which aspect of a trademark may be protected as per the Trademark Act, 1999?
Which aspect of a trademark may be protected as per the Trademark Act, 1999?
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What is a key requirement for a trademark to be capable of projecting a connection with the manufacture of goods or provision of services?
What is a key requirement for a trademark to be capable of projecting a connection with the manufacture of goods or provision of services?
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How can protection be granted to a trademark under the Trade Marks Act, 1999?
How can protection be granted to a trademark under the Trade Marks Act, 1999?
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What is the concept that is highlighted as crucial in obtaining trademark protection under the Trade Marks Act?
What is the concept that is highlighted as crucial in obtaining trademark protection under the Trade Marks Act?
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What category of trademarks do 'Google' and 'Kodak' fall under?
What category of trademarks do 'Google' and 'Kodak' fall under?
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According to Section 11(1) of the Trade Marks Act 1999, under what circumstances can a trademark not be registered?
According to Section 11(1) of the Trade Marks Act 1999, under what circumstances can a trademark not be registered?
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How is a mark classified as an identical trademark?
How is a mark classified as an identical trademark?
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Which type of trademarks are the hardest to acquire registration under trade marks law?
Which type of trademarks are the hardest to acquire registration under trade marks law?
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What term should be used to describe two trademarks that are 'so nearly resembling that other mark as to be likely to deceive or cause confusion'?
What term should be used to describe two trademarks that are 'so nearly resembling that other mark as to be likely to deceive or cause confusion'?
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What is the main reason for not registering a trademark according to Section 11(1) of the Trade Marks Act 1999?
What is the main reason for not registering a trademark according to Section 11(1) of the Trade Marks Act 1999?
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What type of trademark requires registration as both a word mark and a device mark if it is also used as a logo?
What type of trademark requires registration as both a word mark and a device mark if it is also used as a logo?
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In India, what can be done in a single application for a logo that is also a word mark?
In India, what can be done in a single application for a logo that is also a word mark?
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What distinguishes the shape of goods under the category of Trade Dress?
What distinguishes the shape of goods under the category of Trade Dress?
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What characteristic differentiates service marks from other trademarks?
What characteristic differentiates service marks from other trademarks?
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Which type of trademark is primarily associated with representing a group of people rather than a single product or service?
Which type of trademark is primarily associated with representing a group of people rather than a single product or service?
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What is the purpose of a certification mark?
What is the purpose of a certification mark?
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What is the next step after a trademark application is filed and examined by the examiner?
What is the next step after a trademark application is filed and examined by the examiner?
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When can an applicant request a hearing after an examiner rejects a trademark application?
When can an applicant request a hearing after an examiner rejects a trademark application?
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Why might an examiner conditionally accept a trademark application?
Why might an examiner conditionally accept a trademark application?
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What happens if an examiner feels that a trademark should be allowed registration during a hearing?
What happens if an examiner feels that a trademark should be allowed registration during a hearing?
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What role does the Trademark Journal play in the registration process?
What role does the Trademark Journal play in the registration process?
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When can an aggrieved person file a notice to oppose a trademark's registration?
When can an aggrieved person file a notice to oppose a trademark's registration?
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Study Notes
Unregistered Trademark Protection
- Unregistered trademarks can be protected under the common law principle of passing off.
- Protection prevents unfair competitors from using similar or deceptively similar marks.
Definition and Features of a Trademark
- A trademark must be a mark that includes a device, heading, brand, label, ticket, signature, word, letter, name, numeral, packaging, or combination of colors or any combination of these attributes.
- It must be capable of being represented graphically.
- It must serve the purpose of distinguishing products of a manufacturer from another.
- Shape, color combination, and packaging may be protected as trademarks.
- Usage or proposed usage should be in relation to any particular goods or services.
- It should be capable of projecting a connection of a person/group of persons with the manufacture of goods or provision of services.
Protection of Trademarks
- Protection can be granted to a trademark through continuous usage or by registration under the Trade Marks Act, 1999.
- Trademarks protected through usage are connected to the goodwill of the enterprise acquired through continuous usage.
Distinctiveness of a Trademark
- Distinctiveness is the key to getting trade mark protection under the Trade Marks Act.
- Examples of fanciful trademarks, which are the easiest to acquire registration, include "Google" for search engines and "Kodak" for cameras.
Identical or Similar Trademark
- A trademark cannot be registered if it is identical or similar to an earlier registered trademark or trademarks.
- According to Section 11(1) of the Trade Marks Act, 1999, a trademark shall not be registered if it is likely to cause confusion on the part of the public.
Identical Trademark
- A mark is identical with the trade mark if it reproduces without any modification or additions, all elements constituting the trade mark.
Similarity of Trademark
- The terms similarity of trademarks is construed as "deceptively similar".
- In case the applicant is claiming prior use in the trademark, a user affidavit has to be filed supporting the usage along with the evidence of its prior usage.
Registration of Trademark
- Step 1: Filing an application (Form TM-A) which can be either filed online or physically at the Trade Marks Office.
- Step 2: Examination by the examiner for any discrepancies.
- Step 3: Publication and opposition from the general public.
- Step 4: Registration (the application proceeds to registration after conquering the objection and/or the opposition against the said registration of trademark).
Types of Trademarks
- Word Marks: refer to any marks that are used to identify the products and services of a trading company or service-providing company.
- Service Marks: represent the service which a company or business deals in.
- Logos and Symbols: a logo is a printed/painted figure/design/character and does not consist of any letters/words/numerals.
- Shape of Goods: categorized in Trade Dress (appearance of a product).
- Series Marks: service marks that have a common syllable, prefix or suffix, denoting a family of marks sharing a 'common name'.
- Collective Trademarks: linked with a group of people and not one single product or service.
- Certification Mark: created to show a specific quality standard that the company has met.
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Description
Learn about the process of trademark registration, including the requirement of filing user affidavits for prior use claims and the different methods of submitting the registration application. Understand the crucial step of examination after filing the trademark application.
