Summary of "Lecture 2 : Law Relating Trademarks in Indian-II"

Summary of "Lecture 2: Law Relating to Trademarks in India-II"

This lecture continues the discussion on trademark law in India, building upon the introductory session. The speaker, Mr. Ashman Saval, an assistant professor in Intellectual Property (IP) and Data Security at the Faculty of Law, University of Delhi, elaborates on several key concepts, definitions, and provisions related to trademarks.

Main Ideas and Concepts:

Definition and Purpose of Trademarks:
- Trademarks serve as indicators of the source and origin of goods and services.
- They are essential for distinguishing the goods or services of one enterprise from those of others.
- A trademark must be used in the course of trade to qualify as such.
Legal Framework:
- The Trademarks Act of 1999 governs trademark law in India.
- The act defines what constitutes a trademark and outlines the qualifications and prohibitions for registration.
Key Definitions:
- A trademark is defined as a mark capable of being graphically represented and distinguishing goods or services of one person from those of others (Section 2(1)(zb)).
- The term "mark" includes logos, symbols, colors, shapes of goods, and packaging.
Qualifications for Trademark Registration:
- Must be a mark as defined in the act.
- Must be graphically represented.
- Must possess distinctive character to distinguish goods/services.
- Must not fall under prohibitions outlined in Sections 9 and 11 of the act.
Distinction Between Trademarks and Other IPs:
- The lecture discusses the differences between trademarks, copyrights, and patents, emphasizing the unique role of trademarks in commerce.
Use of Trademarks:
- Use is essential for trademark protection and can be established by affixing the mark to goods, using it in advertisements, or in business papers.
- The case of NR Dongrae vs. Whirlpool Corporation is highlighted to illustrate that advertising can constitute use, even if the goods are not available in the market.
Examples of Trademarks:
- Various types of trademarks are discussed, including word marks, logos, shapes, and slogans.
- Specific examples are provided, such as Coca-Cola and Apple, demonstrating how different elements can serve as trademarks.
Future Sessions:
- The speaker indicates that future lectures will cover refusal grounds for trademark registration and further elaboration on the implications of trademark use.

Methodology/Instructions:

When selecting a trademark, choose fanciful or arbitrary names rather than generic or descriptive terms.
Understand the importance of using a trademark in commerce to establish rights and protection.
Familiarize yourself with the definitions and qualifications outlined in the Trademarks Act of 1999.