Intellectua

l Property
Rights
Project
SUBMITTED
BY:MAYANK
TOPIC- TRADEMARKS AND REGISTRATION OF TRADEMARKS
GUPTA SECTION-D
ROLL NO-205/13
 TRADEMARK AND REGISTRATION OF
TRADEMARK

”A tool is but the extension of man’s hand, and a machine is but a complex tool. And he hat
invents a machine augments the power of a man and the well being of mankind.”

- Henry Ward Beecher

WHY ARE INTELLECTUAL PROPERTY RIGHTS PROTECTED?

Intellectual property rights are protected primarily to stimulate innovation, design, and
creation of new technology, ensure fair competition and to protect consumers, by enabling
them to make informed choices between various goods and services. While on the one hand,
it provides consumers with new products enabling them to benefit from innovation, on the
other, it provides the industry and innovators the incentive and means to finance research and
development activities. The intellectual property scenario in India is developing at a very fast
pace. The Intellectual Property Regime in India aims to create an IP culture and to enhance
knowledge & competencies in tune with the global environment.1

Trademark is also a tool for protecting intellectual property rights. A trademark or trade mark
or trade- mark is a distinctive sin or indicator used by an individual, business organisation, or
other legal entity to identify that the products or services to consumers with which the
trademark appears originate from a unique source, and to distinguish its products or services
from those of other entities.2

1
http://ipindiaservices.gov.in/rqstatus/IP_expression_booklet_26January2015.pdf, 9:59 PM, 24/2/2018
2
Javid Siddiqui, Intellectual Property Rights- Legal Perspectives, Cyber Tech Publications

2
TRADEMARKS- MEANING
The trademark is defined as a mark so as to include a connection in the course of trade for the
purpose of identifying the trade origin. It is a name given to the product by the manufacturer
do as to indicate to the consumer a connection between such goods and the origin thereof.
The consumer ultimately identifies and demand the goods of a particular manufacturer with
reference to the trademark applied to such goods on being satisfied with quality of such
products. It is like a name given to the child by his parents for the purpose of his
identification and recognition. The name given to a living person by his parents performs an
equivalent role to that of a trade mark applied by the manufacturer to his goods. A trademark
is any sign that individualises the goods of a given enterprise and distinguishes them from
goods of its competitors.3

It is pertinent to note that a trademark is typically a name, word, phrase, logo, symbol, design,
image, or a combination of these elements. There is also a range of non- conventional
trademarks comprising marks which do not fall into these standard categories, such as those
based on colour, smell or sound. The owner of a registered trademark may commence legal
proceedings for trademark infringement to prevent unauthorised use of that trademark.
However, registration is not required.4

The purpose of a trademark is to distinguish these goods or services from someone else's. A
trademark can be almost anything in terms of design as long as it makes it easy for the
consumer to identify it with a particular service or product.

Examples of popular trademarks include the NBC three-toned chime "G E C," the Nike
"swoosh," the McDonald's "golden arches," and the shape of the Coca-Cola bottle. A
trademark can even be a color, such as T-Mobile's vibrant pink.5

3
Vanita Khanna, Intellectual Property Rights, Mewar University Press
4
Supra 2
5
https://www.upcounsel.com/purpose-of-trademark, 9:59PM, 1/3/2018

3
HISTORICAL BACKGROUND OF THE TRADEMARKS
ACT
The Trade Marks Act 1940 introduced for the first time to address the issues relating to the
registration and statutory protection of trade marks in India. This Act was in force until 1958,
when Trade and Merchandise Marks Act was passed. This Act was repealed and the present
law is governed by the Trade Marks Act 1999. The Trade Marks Act 1999 has made
substantial changes in the law. As regards unregistered trade marks, some of the law are
codified, while others are based on common law for which one has to refer the decisions of
courts. The statutory rights conferred by registration of a trade mark are so wide and
complex. It has been found necessary to safeguard the bonafide interest of other traders from
litigation and harassment by owners of registered trade marks, apart from protecting the
purchasing public from imposition and fraud by infringers of genuine trade marks. The
Present Act of 1999, apart from simplifying the law, has introduced many new provisions,
which are in the interest of trade mark owners as well as the consumers of goods. For
historical reasons both the common law and the statutory law of trade marks in India have
closely followed the pattern of English Law. 6 The Trade Marks Act, 1940, which was the first
statute on the subject introduced in India, was almost a replica of the U.K.Trade Marks Act
1938. This Act was subsequently replaced by the Trade and Merchandise Marks Act 1958.
Apart from making substantial alterations in the previous law this Act takes into account
some provisions relating to trade marks contained in the Indian penal Code, the Criminal
Procedure Code and Sea Customs Act. This Act has again been repealed by the Trade Marks
Act 1999.7

The Trademarks Act, 1999, has come into force with effect from 15 th September, 2003. The
Trademarks Act, 1999, has repealed the Trade and Merchandise Marks Act, 1958.

6
Shiv Sahai Singh, The Law of Intellectual Property Rights, Deep & Deep Publications Pvt. Ltd.
7
http://shodhganga.inflibnet.ac.in/bitstream/10603/56253/8/08_chapter%203.pdf, 9:38PM, 1/3/2018

4
 Purpose of a Trademark
The main purpose of a trademark is to prevent unfair competition between companies that use
consumer confusion to get more business. For example, if an independent diner used a
golden, arched "M" as its logo, it could confuse customers who think the establishment is a
McDonald's. Causing this type of confusion is against trademark law.

The purpose of trademark law is twofold:

 A trademark helps customers distinguish between products

 A trademark protects the owner's investment and reputation

In the 1995 case of Qualitex Co. v. Jacobson Products Co., the Supreme Court described
trademark law as "preventing others from copying a source-identifying mark" and assisting
the customer in making purchasing decisions. The law also helps make sure the producer will
get all the reputation-related and financial rewards associated with its product.

It's important to remember that having a registered trademark doesn't give you blanket rights
to that particular name. For example, "Delta" is both a sink manufacturer and airline, among a
few other businesses, and yet nobody confuses them. There is enough distinction between the
products and services that no customer would confuse Delta sinks with Delta flights.

If the USPTO doesn't believe a customer can confuse your trademark with someone else's,
your registration will be allowed to mature. However, the USPTO has a 30-day period in
which it posts a "Notice of Publication," allowing anyone to challenge the trademark
application. 

Certain applicants are required to file what's called a "specimen of use," which is an example
of your trademark being used in the real world. If your application fails to include all
requirements, including a specimen of use when requested, it will be returned along with a
filing fee refund.

Why is a Trademark Important?

As well as serving as a roadmap for customers, a trademark prevents theft. If you've created a
trademark, you enjoy certain legal protections and preventive measures. These preventive
measures include:

5
  Trademark registration at the federal and state level. You don't need to register a
trademark to keep others from using it or from creating a similarly confusing mark.
Still, registration gives you multiple legal advantages you wouldn't otherwise have
when pursuing those who have used your mark. The biggest advantage is being able
to give a constructive notice to the public, preventing anyone from claiming they were
unaware of the trademark's existence. You can also register a trademark federally if
you want to use it for interstate commerce.

 Use of notices. Using the TM or SM symbol is another way of giving enough notice
to the public, further cementing your legal protections.
 Pursuing infringers. Unless you take action against a thief, your trademark could be
lost. Registering your trademark is more likely to dissuade someone from using your
mark without your permission, although this isn't always the case.
 Controlled licensing. Trademark law allows you to license your trademark as long as
the owner requesting the license controls the quality of services and goods bearing the
trademark. Maintaining the quality of services and goods is important for maintaining
customer confidence in the brand and for building the trademark's reputation.

KINDS OF TRADE MARK

BRAND: It is generally referred to those kinds of marks which are branded on goods
constituting the trade mark eg. Adidas branded on its product to constitute trade mark.
WORD: COLGATE, PEPSI, COCA COLA.
SYMBOL OR LOGO: It is a visual depiction of a manufacture or a company and gives an
identity to it eg. PEPSI logo.
NAME: ALLEN SOLLY, MOTILAL OSWAL, VIMAL.
SURNAME: TATA, BIRLA, BAJAJ, BATA.
SIGNATURE: LOUIS PHILLIP, CADBURY
LETTER: BMW, IBM, DHL
NUMERAL: 555 for cigarettes, 777 for washing soap
SHAPE OF GOODS: A unique shape of goods may also be registered as trade mark eg.
Shape of toothbrush or combination of any of these which identifies the goods or services of
one person and distinguishes them from the goods and services of other traders.8

8
Supra 3

6
SERVICE MARK: For practical purposes, a service mark is the same as a trademark -- but
while trademarks promote products, service marks promote services and events. As a general
rule, when a business uses its name to market its goods or services in the yellow pages, on
signs, or in advertising copy, the name qualifies as a service mark. Some familiar service
marks: Amazon.com (retail Web site), Jack in the Box (fast-food service), Kinko's
(photocopying service), ACLU (legal service), Blockbuster (video rental service), CBS's
stylized eye in a circle (television network service), and the Olympic Games' multicolored
interlocking circles (international sporting event).
CERTIFICATION MARK: A certification mark is a symbol, name, or device used by an
organization to vouch for products and services provided by others -- for example, the " Good
Housekeeping Seal of Approval." This type of mark may cover characteristics such as
regional origin, method of manufacture, product quality, and service accuracy. Some other
examples of certification marks: Stilton cheese (a product from the Stilton locale in England),
Carneros wines (from grapes grown in the Carneros region of Sonoma/Napa counties), and
Harris tweeds (a special weave from a specific area in Scotland).
COLLECTIVE MARK: A collective mark is a symbol, label, word, phrase, or other mark
used by members of a group or organization to identify goods, members, products, or
services they render. Collective marks are often used to show membership in a union,
association, or other organization.
The use of a collective mark is restricted to members of the group or organization that owns
the mark. Even the group itself -- as opposed to its members -- cannot use the collective mark
on any goods it produces. If the group wants to identify its product or service, it must use its
own trademark or service mark.

Example: The letters " ILGWU" on a shirt label is the collective mark that identifies
the shirt as a product of a member of the International Ladies Garment Workers
Union. If, however, the ILGWU wanted to start marketing its own products, it could
not use the ILGWU collective mark to identify them; the union would have to get a
trademark of its own.
TRADE DRESS: In addition to a label, logo, or other identifying symbol, a product may
come to be known by its distinctive packaging -- for example, Kodak film or the Galliano
liquor bottle -- and a service by its distinctive decor or shape, such as the decor of Banana
Republic clothing stores. Collectively, these types of identifying features are commonly
termed " trade dress." Because trade dress often serves the same function as a trademark or

7
service mark -- the identification of goods and services in the marketplace -- trade dress can
be protected under the federal trademark laws and in some cases registered as a trademark or
service mark with the Patent and Trademark Office.9

OBJECT OF THE TRADEMARK LAW

The object of the trade mark is to provide for:
1) The registration
2) Better protection of trade marks for goods or services
3) The prevention of the use of fraudulent marks on goods and services.
In Laxmikant Patel v. Chetanbhai Shah, the SC explained the objective of
the trademark law as follows:
“ The law does not permit anyone to carry on his business in such a way as
would persuade the customers or clients in believing that the goods or services
belonging to someone else are his or are associated therewith.
The reasons are two, Firstly, honesty and fair play are, and ought to be, the
basic policies in the world of business. Secondly, when a person adopts or
intends to adopt a name in connection with his business or services which
already belong to someone else, it results in confusion and has probability of
diverting the customers and clients of someone else to himself and thereby
resulting in injury.”

REGISTRATION OF TRADE MARK

9
https://www.inc.com/articles/2000/05/19875.html, 10:08PM, 1/3/2018

8
Who may register trademarks?

A party which claims to be the owner of a trademark can apply to register its mark for goods
and services. A party may apply to register a trademark with the trademark office under
whose jurisdiction the principal place of the applicant’s business falls. However, if the
principal place of business is outside India, the application should be filed with the trademark
office under whose jurisdiction the office of the applicant’s agent or lawyer falls.

What marks are registrable (including any non-traditional marks)?

According to the definition of a ‘trademark’, a mark is registrable if it is capable of being

represented graphically and of distinguishing the goods or services of one party from those of
another. This can include the shape of goods, their packaging and a colour or combination of
colours.

Can a mark acquire distinctiveness through use?

Yes. A trademark can acquire distinctiveness through use. Even if a mark lacks inherent
distinctiveness, it can still be registered if it acquires distinctiveness and secondary
significance due to continuous and extensive use.

Under Section 9 of the Trademarks Act, if a mark itself lacks distinctiveness, it can still be
registered if it has acquired distinctiveness through use.

On what grounds will a mark be refused registration (ie, absolute and relative
grounds)?

The registrar may accept or refuse an application for registration subject to the Trademarks
Act. An application can be refused by the registrar on absolute or relative grounds.

Absolute grounds Section 9 of the Trademarks Act provides the following absolute grounds
for refusal of a trademark:

 The trademark is devoid of any distinctive character – that is, it is not capable of
distinguishing the goods or services of one party from those of another.

 The mark consists exclusively of marks or indications which may serve in trade to
designate the kind, quality, quantity, intended purpose, values, geographical origin or
time of production of the goods or rendering of the service or other characteristics of
the goods or services.

9
  The mark consists exclusively of marks or indications which have become customary
in the language or established practices of the trade.

 The mark is of such nature as to deceive the public or cause confusion.

 The mark comprises material likely to offend the religious susceptibilities of a class or
section of Indian citizens.

 The mark comprises or contains scandalous or obscene matter.

 Use of the mark is prohibited under the Emblems and Names (Prevention of Improper
Use) Act 1950.

 The mark consists exclusively of-

o the shape of goods which results from the nature of the goods themselves;

o the shape of goods which is necessary to obtain a technical result; or

o the shape which gives substantial value to the goods.

However, a trademark which may initially be refused on absolute grounds can be registered if
it acquires a distinctive character or secondary significance as a result of extensive and
continuous use.

Relative grounds Section 11 of the Trademarks Act provides the following for refusal of a
trademark:

 A mark cannot be registered if there is a likelihood of confusion due to:

o its identity with an earlier mark for similar goods or services; or

o its similarity to an earlier mark for identical or similar goods or services.

 A mark cannot be registered if it is identical or similar to an earlier trademark and is

to be registered by a different owner for goods or services which are different from
those for which the earlier mark is registered if the earlier mark is a well-known mark
in India.

 A mark cannot be registered if its use in India is liable to be prevented by any law.10
10
https://www.lexology.com/library/detail.aspx?g=94c66405-135a-493a-a29e-1487ace18c6b, 10:2PM,
2/3/2018

10
 PROCEDURE FOR REGISTRATION

Section 18- 23 of Chapter III of the Trade Marks Act 1999, provide for the procedure
for registration of the trade marks.

Following is the procedure for the registration of trade marks under the Trade Marks
law:

1) Acceptance of application for registration (sec. 18)

2) Withdrawal of acceptance (sec. 19)
3) Advertisement of accepted application (sec. 20)
4) Opposition to registration (sec. 21)
5) Correction and amendment of application (sec. 22)
6) Registration (sec. 23)

Section 18. Application for registration.—

(1)  Any person claiming to be the proprietor of a trade mark used or proposed to be used by
him, who is desirous of registering it, shall apply in writing to the Registrar in the prescribed
manner for the registration of his trade mark.
(2)  A single application may be made for registration of a trade mark for different classes of
goods and services and fee payable therefor shall be in respect of each such class of goods
or services.
(3)  Every application under sub-section (1) shall be filed in the office of the Trade Marks
Registry within whose territorial limits the principal place of business in India of the
applicant or in the case of joint applicants the principal place of business in India of the
applicant whose name is first mentioned in the application as having a place of business in
India, is situate:
Provided that where the applicant or any of the joint applicants does not carry on business in
India, the application shall be filed in the office of the Trade Marks Registry within whose
territorial limits the place mentioned in the address for service in India as disclosed in the
application, is situate.
(4)  Subject to the provisions of this Act, the Registrar may refuse the application or may
accept it absolutely or subject to such amendments, modifications, conditions or limitations,
if any, as he may think fit.
(5)  In the case of a refusal or conditional acceptance of an application, the Registrar shall
record in writing the grounds for such refusal or conditional acceptance and the materials
used by him in arriving at his decision.

11
 In case of refusal or conditional acceptance of application, the Registrar has to
record in writing the grounds for such refusal or conditional acceptance of the
application. The registrar is also to record in writing about the material used by
him in arriving at the decision of his.
Section 18(1) provides in its general terms that an application for registration of a
trade mark must possess a definite claim to be proprietor of the trade mark sought
to be registered by him.

Section 19. Withdrawal of acceptance.—Where, after the acceptance of an application for

registration of a trade mark but before its registration, the Registrar is satisfied—
(a)  that the application has been accepted in error; or
(b)  that in the circumstances of the case the trade mark should not be registered or should be
registered subject to conditions or limitations or to conditions additional to or different from
the conditions or limitations subject to which the application has been accepted, the
Registrar may, after hearing the applicant if he so desires, withdraw the acceptance and
proceed as if the application had not been accepted.

According to Section 19, the registrar of trade marks may withdraw an application for
registration after it has been accepted by him. But this withdrawal of application can be made
by the Registrar only before the registration of the trade mark. An application accepted by the
Registrar maybe withdrawn by the Registrar before registration if he is satisfied that the
application:
a) Has been accepted in error; or
b) In the circumstances the trade mark sought to be registered in the application should
not be registered.

Section 20. Advertisement of accepted application-

(1)  When an application for registration of a trade mark has been accepted whether
absolutely or subject to conditions or limitations, the Registrar shall, as soon as may be after
acceptance, cause the application as accepted together with the conditions or limitations, if
any, subject to which it has been accepted, to be advertised in the prescribed manner:
Provided that the Registrar may cause the application to be advertised before acceptance if it
relates to a trade mark to which sub-section (1) of section 9 and sub-sections (1) and (2) of
section 11 apply, or in any other case where it appears to him that it is expedient by reason
of any exceptional circumstances so to do.

(2)  Where—

(a)  an application has been advertised before acceptance under sub-section (1); or

(b)  after advertisement of an application,—

(i) an error in the application has been corrected; or

12
(ii) the application has been permitted to be amended under section 22, the Registrar may in
his discretion cause the application to be advertised again or in any case falling under
clause (b) may, instead of causing the application to be advertised again, notify in the
prescribed manner the correction or amendment made in the application.

Sec. 20 of the Act, provides for the advertisement of the application accepted for registration
for the trade mark.

According to sec. 20, an application for registration of a trade mark may be accepted by the
Registrar of the trade mars either absolutely or with certain conditions or limitations. After
accepting the application whether absolutely or conditionally, the Registrar advertises the
application in the prescribed manner. The application is advertised by the Registrar so that if
any person has any opposition to this registration, he may give a notice of this opposition to
the Registrar.

After the advertisement, the application may be corrected or amended by the Registrar. In
such case, the Registrar re- advertises the accepted application after its correction or
amendment, as the case may be. The Registrar instead of re- advertising the corrected or
amended application may notify only thr corrections or amendments made in the already
advertised application.11

Section 21 Opposition to Registration-

(1)  Any person may, within three months from the date of the advertisement or re-
advertisement of an application for registration or within such further period, not exceeding
one month in the aggregate, as the Registrar, on application made to him in the prescribed
manner and on payment of the prescribed fee, allows, give notice in writing in the prescribed
manner to the Registrar, of opposition to the registration.

(2)  The Registrar shall serve a copy of the notice on the applicant for registration and,
within two months from the receipt by the applicant of such copy of the notice of opposition,
the applicant shall send to the Registrar in the prescribed manner a counter-statement of the
grounds on which he relies for his application, and if he does not do so he shall be deemed to
have abandoned his application.

(3)  If the applicant sends such counter-statement, the Registrar shall serve a copy thereof on
the person giving notice of opposition.

(4)  Any evidence upon which the opponent and the applicant may rely shall be submitted in
the prescribed manner and within the prescribed time to the Registrar, and the Registrar
shall give an opportunity to them to be heard, if they so desire.

(5)  The Registrar shall, after hearing the parties, if so required, and considering the
evidence, decide whether and subject to what conditions or limitations, if any, the
registration is to be permitted, and may take into account a ground of objection whether
relied upon by the opponent or not.
11
Meenu Paul, Intellectual Property Laws, Allahabad Law Agency

13
(6)  Where a person giving notice of opposition or an applicant sending a counter-statement
after receipt of a copy of such notice neither resides nor carries on business in India, the
Registrar may require him to give security for the costs of proceedings before him, and in
default of such security being duly given, may treat the opposition or application, as the case
may be, as abandoned.

(7)  The Registrar may, on request, permit correction of any error in, or any amendment of, a
notice of opposition or a counter-statement on such terms as he thinks just.

According to sec. 21, any person may oppose the registration after the application for
registration of the trade mark has been advertised by the Reistrar.

The procedure is as follows:

 Notice of Opposition: Any person can file a notice of opposition on a trademark that

is advertised in the trademark journal within 4 months from the date of advertisement.
 Counter Statement: Within 2 months of the receipt of the notice of opposition, the
Applicant can file a counter statement. If the Counter Statement is not filed within 2
months, the Applicant is deemed to have abandoned the Trademark application.
 Evidence in Support of Opposition: If the Applicant files the Counter-Statement,
within 2 months (extendable by one month) of the receipt of the counter-statement the
Opponent must file evidence, by way of an Affidavit. The Opponent also has an
option to write to the Registrar stating that he does not desire to file evidence but
instead intends to rely on the facts stated in the Notice of Opposition.
 Evidence in Support of Application: Upon receipt of the evidence of the Opponent,
even the Applicant is provided with 2 months (extendable by 1 month) for filing
Evidence in Support of Application, if any.
 Evidence in reply: Additionally the Opponent is given 1 month (extendable by 1
month) to file Evidence in response to the Applicant's evidence.
 Hearing: Based on the notice of opposition, counter statement, and evidences filed,
the Registrar shall call for a hearing. Within fourteen days of receipt of the notice of
hearing, the parties are required to notify the Registrar of their intention to appear in
the matter. Finally, the matter is heard by the Registrar and decided upon merits.
 Registration or rejection: If the registrar decides in favour of the applicant, the
trademark will be registered and registration certificate will be issued. If the registrar
decides in favour of the opponent, then the trademark application shall be rejected.

14
Thus the trademark opposition is an effective remedy available to the registered proprietor/
prior user of a trademark. All that the registered proprietor/ prior user is required to do is to
be vigilant on trademark watch and initiate an appropriate proceeding at the right time.12

Section 22 Correction and amendment of application-The Registrar may, on such terms

as he thinks just, at any time, whether before or after acceptance of an application for
registration under section 18, permit the correction of any error in or in connection with the
application or permit an amendment of the application:

Provided that if an amendment is made to a single application referred to in sub-section (2)

of section 18 involving division of such application into two or more applications, the date of
making of the initial application shall be deemed to be the date of making of the divided
applications so divided.

An application submitted for the registration for a trade mark may be corrected or amended
by the Registrar at any time. According to sec, 22 of the Act, the Registrar may amend or
correct any error in the application for registration. Such corrections or amendments of the
application may be made on such terms as the registrar may think fit.

Section 23 Registration of trade mark-

(1)  Subject to the provisions of section 19, when an application for registration of a trade
mark has been accepted and either—

(a)  the application has not been opposed and the time for notice of opposition has expired;
or

(b)  the application has been opposed and the opposition has been decided in favour of the
applicant, the Registrar shall, unless the Central Government otherwise directs, register the
said trade mark and the trade mark when registered shall be registered as of the date of the
making of the said application and that date shall, subject to the provisions of section 154, be
deemed to be the date of registration.

(2)  On the registration of a trade mark, the Registrar shall issue to the applicant a certificate
in the prescribed form of the registration thereof, sealed with the seal of the Trade Marks
Registry.

(3)  Where registration of a trade mark is not completed within twelve months from the date
of the application by reason of default on the part of the applicant, the Registrar may, after
giving notice to the applicant in the prescribed manner, treat the application as abandoned
unless it is completed within the time specified in that behalf in the notice.

(4)  The Registrar may amend the register or a certificate of registration for the purpose of
correcting a clerical error or an obvious mistake.

12
http://www.mondaq.com/india/x/521200/Trademark/Trademark+Opposition+In+India, 1;31PM, 10/3/2018

15
The Registrar of trade marks registers the trade marks if after the acceptance of the
application for registration, the application:

(i) Has not been opposed; or

(ii) If opposed decided in the favour of the applicant who has applied for the
registration of the trade mark.
(iii) After the registration of the trade mark, the registrar issues to the applicant a
certificate of registration of the trade mark that has been registered. The certificate
of registration of the trade mark is sealed with the seal of the Trade Marks
Registry.13

Trade marks owned jointly by two or more proprietors (section 24)

A trade mark may e registered jointly in the favour of two or more persons who propose to
use a trade mark jointly as joint proprietors u/s 24 of the Act. Such registration of trade mark
in the favour of two or more persons jointly may be made if the relationship between such
persons is such that no one of them is entitled as between himself and the other or the others
of them to use it except-

(a) On behalf of both or all of them; or

(b) In relation to an article or service with which both or all of them are connected in the
course of trade.

CONCLUSION
 The trade mark is for protecting the name of the product or services rather
the product itself;

 Trade mark assures the customer about the source of a product, though the
quality of the product is not assured by the trade mark;
13
Supra 12

16
  The trade mark should be distinctive;

 Deceptively similar marks, geographical names etc. can not be registered

as a trade mark;

 In India, the Trade Marks Act, 1999 is presently in force;

 The term of trade mark protection is 10 years, which can be renewed from
time to time, indefinitely;

 Trade mark can be assigned or transmitted;

 Using deceptively similar marks, falsifying the mark or using unregistered

mark cause infringement under the Act;

 The penalties against offences related to trade mark can range from fine to
imprisonment.

BIBLIOGRAPHY
 Shiv Sahai Singh, The Law of Intellectual Property Rights, Deep & Deep Publications
Pvt. Ltd.
 Meenu Paul, Intellectual Property Laws, Allahabad Law Agency

17
 Javid Siddiqui, Intellectual Property Rights- Legal Perspectives, Cyber Tech
Publications

 Vanita Khanna, Intellectual Property Rights, Mewar University Press

 http://ipindiaservices.gov.in/rqstatus/IP_expression_booklet_26January2015.pdf
 http://shodhganga.inflibnet.ac.in/bitstream/10603/56253/8/08_chapter%203.pdf
 https://www.inc.com/articles/2000/05/19875.html
 http://www.vramu.com/trademark-salient-features.html
 https://www.lexology.com/library/detail.aspx?g=94c66405-135a-493a-a29e-
1487ace18c6b,
 http://www.mondaq.com/india/x/521200/Trademark/Trademark+Opposition+In+Indi
a

 https://www.upcounsel.com/purpose-of-trademark

18