|History and Emergency of Trade Mark Act in India||Trade and Merchandise Marks Act, 1958 & Trade Mark Act, 1999 – a Comparative study|
|Registration of Trade Marks||Effects of Registration of a Mark|
|The Trade Mark Registry||Trade Marks Not Registerable|
|What are good Trade Marks?||Search for Proposed Trade Marks|
|Duration and Renewal of Trade Mark||Infringement & Passing off of Trade Marks & Legal Action|
|Model Forms||Schedule IV - Classification|
|Internet Domain names are eligible for being Trademarked|
A Trade Mark can be defined as a visual symbol, a letter device or a label applied to articles or services with a view to indicate to the public the identity of the product and its origin. The function of the trade mark is to give the purchaser or the prospective purchaser the identity of the manufacturer, the origin and the connected quality. The mark indicates to the buyer or the prospective buyer as to what is it that has been given to him or what is being bought by him or what he has all along known or the source with which he is acquainted or what has given him the satisfaction with regard to the make and quality of the product. Trade Mark protection in India can be obtained only when the mark is capable of being distinguished as goods or services of one party from those of other parties.
Section 2(1)(zb) of the Trade Marks Act, 1999, defines “Trade Mark” as a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of the others and may include shape of goods, their packaging and combination of colours.
Section 2(1)(m) of the Trade Marks Act, 1999, defines trade marks as “Mark, includes a device, brand, heading, label, ticket, name, signature, word, letter, shape of goods, packaging or combination of colours or any combination thereof.”
Copyright, the first intellectual property in the world to receive legal recognition, is a unique Intellectual Property right such that it does not fall under the category of Industrial Property. Copyright protection covers areas of work in painting, music, communication, and entertainment and computer software. Copyright subsists in the original works of an author, the work being in any tangible medium of expression. It should be capable of being perceived and being reproduced.
The Copyright Act has been enacted by various countries mainly to check piracy and infringement of the rights of the owner. Under the copyright Act the owner of work is entitled to enjoy his work.
The Copyright Act of 1957 is the primary legislation dealing with protection of Copyrights in India.
Copyright can be defined as exclusive right given by the Law for certain period of time to an author, composer (or his assignee) to print publish and sell copies of the original work in full or in part. In other words it can be defined as an incorporeal right granted to the author or organization of certain literary or Artistic work, whereby the said person, for a special period has the sole and exclusive privilege to multiply copies of the said work.
The law of Copyrights does not protect ideas but deal exclusively with the "expression" of the ideas. Copyright subsists only in material form to which ideas are translated. Thus in copyright there is a limited monopoly, which is "right to prevent copying".
Section 14 of the Copyright Act, 1957, gives a detailed definition of what Copyright means. For the purpose of brevity and easy understanding the definition under the Act is analysed as under: