Trade Marks Act, 1999
Understanding Trademark Law
A visual guide to the core concepts of brand protection.
Why Protect Trademarks?
Prevents Confusion
Trademarks act as a shortcut for consumers, helping them instantly recognize the source and quality of goods or services.
Protects Reputation
They safeguard the business’s investment in its brand identity and the goodwill it has built with its customers over time.
Promotes Fair Play
By preventing copycats, trademark law encourages fair competition and motivates businesses to innovate and build unique brands.
What Can Be a Trademark?
Conventional vs. Non-Conventional Marks
While most trademarks are words or logos, the law also protects unconventional marks like sounds or shapes that uniquely identify a brand.
Examples of Mark Types
Conventional
- Word Marks: “TATA”
- Device Marks: The Nike “Swoosh” logo
- Slogans: “Just Do It”
Non-Conventional
- Sound Marks: The “Intel Inside” jingle
- Shape/Trade Dress: The Coca-Cola bottle
- Color Marks: Cadbury’s specific shade of purple
The Trademark Lifecycle
The Path to Registration
Registering a trademark provides the strongest legal protection. The process involves several key stages of review and public notification.
Application & Filing
Submit the mark to the Trade Marks Registry.
Examination
The Registry checks for uniqueness and legal compliance.
Publication
The mark is published in the Trade Marks Journal.
Opposition Period
Third parties can object to the registration (3-4 months).
Registration
If unopposed, the mark is registered for 10 years.
Exclusive Rights of a Registered Owner
Registration grants the owner a powerful set of legal rights to use, control, and protect their brand identity in the marketplace.
Protecting Your Mark: Key Actions
The law provides two primary ways to take action against misuse of your brand identity. The right course of action depends on whether your trademark is officially registered.
Infringement
- ✓It is a violation of a statutory right.
- ✓Owner only needs to show deceptive similarity to their registered mark.
- ✓Proof of ownership is straightforward with the registration certificate.
Passing Off
- ✓It is a violation of a common law right.
- ✓Owner must prove reputation, misrepresentation, and resulting damage.
- ✓Requires more extensive evidence to establish brand reputation in court.
Legal Remedies Available
Types of Legal Recourse
If a trademark is misused, the owner can pursue several types of remedies through the courts and administrative bodies to stop the activity and claim compensation.
- Civil Remedies: Court orders to stop infringement (injunction) and financial compensation (damages).
- Criminal Remedies: Involves police action, which can lead to fines and imprisonment for the infringer.
- Administrative Remedies: Opposing or cancelling a similar mark’s registration at the Trade Marks Registry.
