Trademark- Symbols we see everyday.

In our daily walks of life, we come across a number of things that we recognize just by seeing it. It’s like if I say I am drinking ThumpsUp, the picture that instantly comes to your mind is- Red hand with fist closed and thumb sticking out making a Good luck sign. It is the logo of the ThumbsUp brand. There are similar such logos that we connect with a particular brand or company. Ever wondered what these logos actually are? These are called as a trademark. They are nothing but the face of any company or product. The symbol that differentiates one product from another.

Definition of Trademark:

In India Trademark is defined and governed by the Trademarks Act, 1999. It says, “Trade mark" means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging, and combination of colours”

As now one knows what a Trademark is, how does one register to get a trademark? The answer is very simple. You have to approach Trademark Registry that is established in every state and apply for registration for Trademark there.

Process for applying for Trademark:

· Every Trademark Registration begins with applying to the registrar of the Trademark by making an application.

· The application is followed by an advertisement of application with the purpose of inviting any objection with regards to registration of Trademark.

· If any objection is made to registration, it is sought to be resolved before moving forward with the registration.

· If no objection is made within 4 months of advertising the application, the Trademark is registered and a certificate is issued to the proprietor.

With registration of Trademark, the owner gets the absolute right to use the mark for his own purpose.

Madrid Protocol:

Now it sometimes happen that one company have their markets in more than one country. It is more like global products than local ones. In such cases, what is the procedure for obtaining the Trademark? Do they have to apply for a Trademark separately in every country they do their business? The answer is simple- No, for this purpose; Madrid Protocol was passed in the year 1995 which facilities international registration of Trademark in one single global registry.

Under Madrid Protocol, a mark can be protected in many different jurisdictions by filing an application for international registration. Such application is presented to the International Bureau of the World Intellectual Property Organization (WIPO) at Geneva.

The Trademark registered with WIPO has the validity of 10 years which can be renewed by paying renewal fees every 10 years.

Applicability of Madrid Protocol in India:

There was a very discussion as to the applicability of the Madrid Protocol in India. On 8th February, 2007, the Union Cabinet ratified India’s accession to the Madrid Protocol. Trademark Act was amended to comply with the Madrid Protocol.

One of the major changes brought about by the amendment included a time limit of eighteen months to complete the procedure the registration of Trademark. This was indeed a bold step to make Trademark laws in India more rigid.

After the Trademark is registered it is protected from infringement and if infringed, it attracts the penalties to the person who has infringed the Trademark.

How Trademark can be infringed:

Trademark is infringed when-

a) A person who is not owner of that Trademark or he is not authorized to use that Trademark by the owner uses it to create similar or identical goods for his own benefit or for exploiting the name of that Trademark in the market.

b) A person who is authorized to use the Trademark one bonafide purpose uses it for some other purpose other than one for which he was allowed.

If your Trademark is infringed, you can make a complaint to the Trademark board and the person who infringes the Trademark shall be punished under Section 102 and 103 of Trademarks Act, 1999.

One of the major cases of Trademark Infringement in India was the case which came in limelight in 2008, and it was the case of-

Coca Cola vs Bisleri Pvt. Ltd:

In this case, the defendant, Bisleri by a master agreement, had sold and assigned the trademark MAAZA including formulation rights, know-how, intellectual property rights, and goodwill for India with respect to a mango fruit drink known as MAAZA to Coca Cola. In 2008, the defendant company filed for registration of the mark MAAZA in Turkey and started exporting fruit drink under the name MAAZA. The plaintiff, Coca Cola claimed permanent injunction and damages for infringement of trademark and passing off. The court granted an interim injunction against the defendant (Bisleri) from using the trademark MAAZA in India as well as for export, which was an infringement of the trademark.

So you can see, Trademark plays a major role in the business of every big company. Do give you opinion regarding what you think! With this I end here. You all take care of yourself. Stay safe. Stay healthy.Om Shanti.