TRADEMARK PPT

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need this ppt plz mail mee shivprakashworks@gmail.com

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IPR (INTELLECTUAL PROPERTY RIGHTS) TRADEMARKS PRESENTED BY – BHUPENDRA SINGH M.Pharma(Pharmacology) B.B.A.U (A Central University) Lucknow-226025 1

IPR (INTELLECTUAL PROPERTY RIGHTS) TRADEMARKS:

IPR IPR stand for intellectual property right IPRs are legal rights which are granted to a person for creation of the mind or intellect or idea which have commercial value. Hence ,there are eight mechanism to protect creation of mind or person property- 1.patents. 2.copyright. 3.trademark. 4.Industrial design. 5.geographical indication. 6.trade secrets. 7.registration of plant varieties. 8.layout designs of integrated circuits. 2

IPR IPR stand for intellectual property right IPRs are legal rights which are granted to a person for creation of the mind or intellect or idea which have commercial value. Hence ,there are eight mechanism to protect creation of mind or person property- 1.patents. 2.copyright. 3.trademark. 4.Industrial design. 5.geographical indication. 6.trade secrets. 7.registration of plant varieties. 8.layout designs of integrated circuits.:

TRADEMARKS Definition & introduction - A trademark is a sign or indicator (word, symbol, or design) or a combination of these used by a manufacturer or a merchant to identify his goods and distinguish them from those manufactured or sold by others. A trademark is made of:- Any Distinctive Words Letters Numerals. Pictures &symbols. Shapes & design. Colors & images. Logo types Labels. Combination of all these & etc. 3

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ff Examples of Trademarks - 4

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Types of Trademarks - 1. Trade marks : to distinguish goods (*) -unregistered trademark Used to promote brand good. 2. Service marks : to distinguish services -unregistered service mark, used to promote brand service. 3. Registered trademarks: 4 . Trade name (Brand name) (*) 5

Types of Trademarks- 1. Trade marks: to distinguish goods (*) -unregistered trademark Used to promote brand good. 2. Service marks: to distinguish services -unregistered service mark, used to promote brand service. 3. Registered trademarks: 4. Trade name (Brand name) (*) :

TRADEMARK ACT, 1999 Patents, designs and copyright are protected only for a limited period. On the other hand, in general, a registered trade mark can be protected perpetuity subject only to the following conditions: - - It is used and renewed periodically and -The registered proprietor takes prompt action against infringers. 6 First TM registered in UK under No. 1 of 1876 consisting of red equilateral triangle in respect of alcoholic beverage is still in force. The present Trade Marks Act, 1999 has replaced the Trade and Merchandise Marks Act, 1958. And the Trade Marks Act, 1999 has been brought into force only on 15th September 2003. The Trade Mark Rules, 2002 are passed under the Trade Marks Act, 1999.

TRADEMARK ACT, 1999 Patents, designs and copyright are protected only for a limited period. On the other hand, in general, a registered trade mark can be protected perpetuity subject only to the following conditions: - - It is used and renewed periodically and -The registered proprietor takes prompt action against infringers. :

a) To provide for registration of trade mark for services, in addition to goods; b) Registration of trade marks, which are imitation of well known trade marks, not to be permitted, besides enlarging the grounds for refusal of registration; c) Amplification of factors to be considered for defining a well known mark; d) To provide only a single register with simplified procedure for registration and with equal rights; 7 TM Act, 1999 was passed with objectives-

a) To provide for registration of trade mark for services, in addition to goods; b) Registration of trade marks, which are imitation of well known trade marks, not to be permitted, besides enlarging the grounds for refusal of registration; c) Amplification of factors to be considered for defining a well known mark; d) To provide only a single register with simplified procedure for registration and with equal rights; :

FUNCTION OF TRADEMARKS- As per modern business conditions a TM performs following functions:- -Helps guarantee the quality of goods bearing the mark. -Creates and maintains a demand for the product -Used as a marketing tool to build a brand -Can have great $ value to a company. -It identifies the product and origin. -It guarantees its unchanged quality. -It advertises the product. -It creates an image for the product. 8

FUNCTION OF TRADEMARKS- As per modern business conditions a TM performs following functions:- -Helps guarantee the quality of goods bearing the mark. -Creates and maintains a demand for the product -Used as a marketing tool to build a brand -Can have great $ value to a company. :

REGISTRATION OF TRADEMARK Requirement of filling trademark application - 1. Name & address of the applicants, company or person. 2. Trademark logo or symbol (10 copies). 3. Classes. 4. Description of goods or services. 5. Original priority documents, if priority is claimed. 6. Power of attorney duly notarized. 9 Head Office- Mumbai Term & renewal of TM:- initial registration is for 10 years renewal further after every 10 year renewal within 6 month from the date of expiry.

REGISTRATION OF TRADEMARK Requirement of filling trademark application- 1. Name & address of the applicants, company or person. 2. Trademark logo or symbol (10 copies). 3. Classes. 4. Description of goods or services. 5. Original priority documents, if priority is claimed. 6. Power of attorney duly notarized. :

Examination report Filling of application with or without priority Filling of reply Accepted Hearing Publication in journals Refused Wait for opposition Reply of notice / hearing Opposition disclosed REGISTRATION OF TRADEMARKS Registration Procedure- 4 month 6 month 2 month 10

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11 SCOPE OF TRADEMARK RIGHT - The exclusive right to use the mark. The right to prevent others from using an identical or similar mark for identical or similar goods or services. The right to prevent others from using an identical or similar mark for new goods or services.

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KEEP IN MIND:- The time it takes to register a TM. The costs associated with TM protection. The need for a trademark search. A trademark agent may be required. Protecting at home and abroad. Renewing your registration. 12

KEEP IN MIND:- The time it takes to register a TM. The costs associated with TM protection. The need for a trademark search. A trademark agent may be required. Protecting at home and abroad. Renewing your registration. :

Pharmaceutical Trademarks- 13

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THANKYOU 14

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