Intellectual Property Rights ( Indian Perspective)- TradeMarks

Intellectual Property Rights ( Indian Perspective)

Patents, Trade Marks, Industrial Designs, Copy Rights are considered as Intellectual Property. Intellectual Property refers to creation of mind i.e inventions, industrial designs for article, literary and artistic work, symbols etc. used in commerce.

There is two categories one is Industrial Property and Copy rights. Industrial Property consists Trademarks and Patents etc. and  Copy rights covers Artistic works, Literary works etc.

What are the Intellectual Property Rights ?

• Rights which can be used for protecting different aspects of an inventive works for multiple protection. 
• IPR ( Intellectual Property Rights ) are largely territorial rights excepts copyrights, which is global in nature.
• IRP can be assigned , gifted , sold and licensed like any other property.

We here discuss about Trademarks briefly.

Trademarks :

• A symbol, logo , word, sound,color,design or other device that is used to identify a business or product in commerce.
• Different symbols are :

™ Intent to use application filed for product

℠ Intent to use application filed for services.

® Registered trademarks.

Applicability of Trademarks :

• A trademark is a sign Used on , or in connection with the marketing of goods or services.
• "Used on " the goods means that it may appear not only on the goods are when they are sold.

Is the registration of trademarks is mandatory in India ?

No the registration of trademarks is not mandatory in India but it is advisable to do so.

Following Marks can be registered under the Indian Trademark law.

• Names
• Invented / Coined words
• Letters 
• Device
• Shape of Goods
• Slogan
• Signature
• Sound Marks etc.

Remedies for Trademark infringement :

A suit can lie in District or High Court.

• Punishment extends from 6 months to 3 years.
• A permanent bans on engaging in commercial activities.

Example of a successful civil enforcement action 

• 3 suits filed by Adids saloman AG in the Delhi High Court against counterfeiters
• At the initial stage, infringing goods were seized by the Local Commissioner
• Cases were decreed recently and damages of Rs.15 laks awarded to Adids Saloman.