•Visual symbol
•Sign in the form of a word, device, label
•Distinctive words, letters, numbers, drawings, pictures, emblems, colour combination
•Logo, brand name
Examples
Definition [s. 2(1)(zb)]
•Means a ‘mark’ capable of being represented graphically
–And which is capable of being distinguished the goods or services of one person from those of others
–And may include shape of goods, their packaging and combination of colours…
‘Mark’ defined
•includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof
Evolution of Trade Mark Law
•Southern v. How (1617): Nobody has any right to represent his goods (or to pass off his goods) as of somebody else
•British Trademark Act of 1875 – registration as prima facie evidence
•Patents, Designs and Trademark Act, 1883 – ‘fancy words not in common use’, ’brands’
•Trademark Act of 1905 and then 1938
•India enacted Trade Mark Act, 1940
•After Independence, Trade & Merchandise Act, 1958
Object, Features and Functions of Trade Mark
•Object
–To distinguish the goods and services of one person with that of the others
–To assure the consumer the reliability, trustworthiness, and quality of the product
•Functions
–Identifying the product and its origin
–Guaranteeing the unchanged quality
–Helping in advertising the product
Cadila Healthcare Ltd. v. Cadila Pharmaceuticals Ltd. [2001 PTC 541 (SC)] – Trade mark is essentially adopted to advertise one’s product and to make it known to the purchaser. It attempts to portray the nature and, if possible the quality of the product and over a period of time the mark may become popular
•Short and appealing to the eye and to the ear
•Easy to recognise and remember
•Satisfy the requirements of registration
•Should not belong to the class of marks prohibited for registration
•Not descriptive but may be suggestive of the quality of the good Easy to spell correctly and write legibly
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