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TRADE MARK ACT 1999

Updated: Mar 29, 2022

TRADE MARK ACT 1999

  • Define trade mark. State the absolute grounds for registration of trademark.

  • Define trademark. Distinguish it from property mark. State the different forms of trademark.

  • 'No person is entitled to sale his goods or services in the name of established and well known Trade Marks.' Comment.

  • What amounts to infringement of trademark? Explain the criminal remedies available for infringement of trademark.

  • What is the Trade Mark? Explain the essential features of functions of trade mark.

  • What is Trade mark? Explain the different kinds of trade marks.



1. Define trade mark. State the absolute grounds for registration of trademark.

ANStrade mark define –a trade mark means mark capable of being representedgraphically and which is capable of distinguishing the good and service of one person from those ofother and include shape of good combination colors ,mark include a device ,branded, heading ,label ,numeral shape of good ,packing or combination there of

Registration section 23

Registration of trade mark the registration shall issue to the applicant a certificate prescribed from of registration sealed with seal of the trade mark registry.

Absolute ground for refusal of registration

Under section 9 the trade mark which lack distinctive character which consist to designate the kin ,quality ,and value etc. of the good or service or which have become customary in the bonafide and established practice of tread ,cannot be registered



Registry whole decide an application

While deciding the application and the question as to register or not register a trade mark

1)Absolute ground for refusal of registration

2)Limitation as to color

3)Relating ground for refusal of registration

4)Honest and concurrent use

5)Prohibition of registration of names of chemical element

6)Names of representative of living person or person who recently died

Distinction between trade mark and property mark

1)Trade mark –trade mark means a mark used in relation to good for the purpose of indicating or so to indicate a connection in the course of trade between good and some person having the right as proprietor to use that marks

2)Property mark –property mark as defined by section 479 of the IPC means a mark used for denoting that a movable property belong to a particular person


Characteristic of trade mark

1)Signature ,number, letter or combination

2)Graphical represented

3)Relation good or services

4)Goods its packing or combinations


vObject of the trade mark

1)Provide protection to the trademarks

2)Registration of trademark

3)Transfer of registration trademark

4)Transfer of trademark and also protection

5)Protection of the trade mark as aspect of commercial law

6)Protection of trade mark as an aspect consumer right


Type of trade mark

1)Registered (registered under trade mark law )

2)Unregistered trademark –(called common-law mark )


Function of trade mark

1)Consumer to identify the source of goods

2)Advertising the product

3)Quality of product

4)Brand image (clothing branded )


Well-known trademark

vIn any relation to any good or service means a mark which so to the substantial segment of the public which uses such good or receives that use of such mark in relation to other goods or services Indicating a commotion in course of trade a person using the mark in relation to first mentioned good or services

Procedure of registration trade mark sec 18

Registration of trade mark any person claiming to be proprietor of trade mark or proposed shall apply in writing to the register in the prescribed manner for registration of his trade mark

Advertisement of application sec 20

Application for registration of a trade mark has been accepted the registration shall advertisement in the prescribed manner


Opposition to registration section 21

Any person may within 3 months from the date of the advertisement or re-advertisement of an application for registration .




Registration section 23

Application for registration of a trade mark has been accepted and grant registration shall issue to the application a certificate in the prescribed from of registration there of sealed with seal of trade mark registry

Infringement of trade mark

Infringement of a trademark occur of a person or registered user use the same mark or a deceptively similar mark in relation to the same good or service it cause confusion or deception in the mind of the purchasers








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