INTRODUCTION OF IPR LAWS -
THE TRADEMARKS ACT 1999
Legal Aspects of Business
PRESENTED BY:
40 - SACHIN KHARAT
44 - SIDDHI MACHHI
46 - FORUM MAKWANA
56 - DHEERAV NAHAR
59 - PINKESH PAL
TABLE OF CONTENTS
INTRODUCTION TO INTELLECTUAL PROPERTY RIGHTS (IPR)
DEFINITION UNDER THE TRADEMARKS ACT, 1999
TYPES OF TRADEMARKS
PROCEDURES & REGISTRATION
SAFEGUARDS AGAINST VIOLATION OF TRADEMARKS
COMMON TRADEMARK VIOLATIONS
CASE STUDIES
CONCLUSION
Introduction to IPR
Legal rights that protect creations of the mind
Allow creators to control the use of their inventions, artistic works, designs, and
brands.
Crucial in fostering innovation and creativity, ensuring that creators can
benefit from their work.
COPYRIGHT
TYPES OF
IPR PATENT
TRADEMARK
TRADEMARK ACT OF 1999
DEF: A trademark as any word, name, symbol, device,
or a combination thereof, which is used in trade to
distinguish goods or services of one entity from those
of others.
Why Trade Mark is necessary ??
RECOGNISABLE EXCLUSIVE
SYMBOL (TO
OFFERS
DISTINGUISH)
EXAMPLES,
FORM OF
LOGOS,
INTELLECTUAL
BRAND
PROPERTY AND
NAMES, ETC.
AUTHENTICITY
Descriptive mark Service mark
Types
Hologram mark Collective mark
Design mark Certification mark
Word mark
Trade dress Combination mark
Types
Motion mark Slogan mark
Color mark Sound mark
Product mark
Procedure & Documents for
registering Trademark
Procedure Documents
Application form
Selecting a trademark
Identity proof
Checking for similarity
Business registration proof
Applying
Logo
Document verification
Power of attorney
Responding to objections
Goods/services classification
Grant of trademark
MSME certificate(if applicable)
Safeguard against violations of Trademarks Sec (101-
121)102,103,104
Indian Patent Office administered by the Controller General of Patents, Designs and
Trademarks is the organisation that deals with the protection of trademarks
Legal actions Measures taken by
businesses
In India, the Trademarks Act, 1999 protects trademarks against Choose a strong trademark
infringement. The Act: Register your trademark
Provides legal protection to registered and unregistered Monitor your registered trademark
trademarks Maintain your federal trademark
Grants exclusive rights to registered owners registration
Allows for legal action against unauthorized usage Work with a trademark attorney
Protects unregistered trademarks through common law
passing-off suits
Infrigement Section (101 to 121).
Sec.102. Falsifying and falsely applying trade marks.
Sec.103. Penalty for applying false trade marks, trade
descriptions, etc.
Sec.104. Penalty for selling goods or providing services to
which false trade mark or false trade description is applied.
Trademark Infringement
You can find two types of trademark infringement in India:
1. Direct infringement Unauthorized Use Indirect infringement
Direct infringement is defined It is not specifically addressed
by Section 29 of the Act. in the Act.
Class of or Services
Registered Trademark
Contributory Infringement
Vicarious Infringement
Identical or Deceptively Similar
CASE Studies
The Coca-Cola Company v. Bisleri International
Pvt. Ltd (2009)
PARTIES: COCA-COLA BISLERI SOLD DELHI HIGH COURT REINFORCED
VS. BISLERI "MAAZA" RIGHTS TO RULED FOR COCA- GLOBAL IP
COCA-COLA IN 1993. COLA. BREACH OF
LATER, BISLERI TRIED PROTECTION.
ISSUE: TRADEMARK CONTRACT AND
REGISTERING TRADEMARK
EMPHASIZED
INFRINGEMENT
"MAAZA" IN TURKEY INFRINGEMENT BY CROSS-BORDER
AND EXPORTED BISLERI. COCA-COLA TRADEMARK
TRADEMARK:
BEVERAGES UNDER RETAINED GLOBAL RIGHTS.
OWNERSHIP OF
THIS NAME. RIGHTS.
"MAAZA"
Background Facts Judgment Significance
Starbucks Corporation v. Sardarbuksh Coffee & Co
(2018)
SARDARBUKSH USED DELHI HIGH COURT REINFORCED
PARTIES: STARBUCKS
VS. SARDARBUKSH A NAME AND LOGO RULED FOR GLOBAL TRADEMARK
RESEMBLING STARBUCKS. PROTECTION.
ISSUE: TRADEMARK STARBUCKS.
INFRINGEMENT SARDARBUKSH WAS HIGHLIGHTED THE
STARBUCKS ORDERED TO NEED TO AVOID
TRADEMARK: CLAIMED IT CAUSED CHANGE ITS NAME SIMILAR BRANDING
SIMILARITY IN NAME CONFUSION AND TO "SARDARJI- TO PREVENT
AND BRANDING DILUTED THEIR BAKSH." CONFUSION.
BRAND.
Background Facts Judgment Significance
Thank You!
Any QUESTIONS?
