Concept of protecting IP under trade marks and Geographical Indicatiopn, Registration proceedures and some examples are presented in the slides.

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Protecting Intellectual Properties
under Trade Marks and Geographical
Indication
By:-
Dr. Sujit Kumar
U.P. Council of Agricultural Research, Lucknow

2. Kinds of Property
 Movable Property
 Car, Pen, Furniture, Dress
 Immovable Property
 Land, Building
 Intellectual Property
 Literary works, Inventions
 Novel creations of human intellect
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INTELLECTUAL PROPERTY RIGHTS (IPR)
 Intellectual Property (IP) is defined as any “ideas, inventions
and original creative work manifested in a tangible
form that can be legally protected”.
 IPRs provide certain exclusive rights to the creators of IP, in order to
enable them to reap commercial benefits from their creative efforts or
reputation. The purpose of IPR legislation is to protect against
unauthorized imitation, copying or deceptive usage of identifying
marks.
 Rights associated with intellectual property which gives legal
protection is referred to as IPR.
 When we speak of IP rights, we refer to controlling the way IP is
used, accessed or distributed.

4. Nature of Intellectual Property
 Creation of human mind (Intellect)
 Intangible property
 Exclusive rights given by statutes
 Attended with limitations and exceptions
 Time-bound
 Territorial
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IP- Duration of Term of Protection
 Patents (20 years)
 Trademarks (10 years + renewals)
 Copyrights in published literary, dramatic, musical, and artistic
works (Lifetime of author +60 years).
 Copyright in photographs ,cinematographic film, sound
recordings –(60 years from year in which it was published)
 Broadcast reproduction right-(25 years from the beginning
of the calendar year next following the year in which the
broadcast is made.)
 Performers right-(25 years from the beginning of the
calendar year next following the year in which the
performance is made)
 Industrial designs (10 years+ renewal permitted once for 5 years)
 Trade-secrets and know how collectively “proprietary
technology” (contract period-protected by contract provisions,
doctrine of breach of trust)

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Trademark

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Indian Trademark Act
a) The first statutory law related to trademark in India was the
Trade Marks Act, 1940 which introduce d a machinery for the
registration & statutory protection of trademarks in India.
b) This Act of 1940 was replaced by the Trade and Merchandise
Marks Act, 1958 which consolidated the provisions related to
trademarks contained in other statutes like – the Indian Penal
Code, Criminal Procedure Code and the Sea Customs Act.
c) The Trade and Merchandise Marks Act, 1958 was again
repealed by the Trade Marks Act, 1999 and is the current
governing law related to registered trademarks. This Act came
into force w.e.f. September 15, 2003 vide notification in the
official gazette.

8.  A name of an enterprise or a Mark capable of being
represented graphically, distinguishing the goods or
services of one person from those of others e. g., LUX,
Godrej, TVS ,Telco, 555, APPLE
 Trade Mark can be -
o sign , words, letters, numbers,
o drawings, pictures, emblem,
o colours or combination of colours,
o shape of goods,
o graphic representation or packaging or
o any combination of the above
as applied to an article or a product.
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Trademarks

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 Must be graphically represented
 Must be distinctive / distinguishable
 Must not be descriptive
 Must not be deceptively similar to known /well-
known marks /Generics
• ORS: ORS-L, ORZ
• Cefixime – ZIFI, CEFI, Cefixin
Avoid –
Geographical Indications / Deities
National Leaders / Heroes / Symbols /
Laudatory words
Characteristics of Trademarks

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Kinds of Trademarks
• Word Mark
• Device Marks
(Signs, Symbols, Logos)
• Collective Marks
• Certification Marks
• Service Marks

11. Registration of Trade Mark
 Trade Marks are registered by national
trade mark registries and are valid in that
country
 Registration is made after examination
and publication
 Period of registration is for 10 years but
can be renewed indefinitely
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12. WELLKNOWN MARKS
•Coca Cola for soft drink
•Toblerone (Triangular-
shaped chocolates)
Trade Names
•Godrej- Furniture, Refrigerators, Storewell,
Compactor etc
•GE- Bulbs
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13. Forms of Trademarks
 Visual: Words, letters, numerals, devices
including drawings and symbols or 2-D
representations of object or a combination of
two or more of these, colour combinations or
colour per se, 3-D sign as shape of goods or
packaging.
 Audio: Sounds, Musical Notes
 Olfactory: Smells
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14. What is protected and what’s not?
 Right to use TM in relation to goods/ services
as registered are protected (If TM consists of
several parts, protection is for TM as a whole)
 State Emblems, Official Hallmarks, Emblems
of Intergovernmental Organizations cannot be
used as TM.
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Geographical Indications

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G.I.
(Geographical Indications)
Name or sign used on goods
originating from specific
geographical origin or
location and possess
qualities, reputation or
characteristics that are
essentially attributable to that
place of origin.

17. Geographical Indication
India, as a member of the World Trade Organization (WTO),
enacted the Geographical Indications of Goods (Registration
& Protection) Act, 1999 has come into force with effect from
15th September 2003.
 Geographical Indications of Goods
(Registration & Protection) Act, 1999
 Geographical Indications of Goods
(Registration & Protection) Rules, 2002
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18. Registration
 In India, geographical indications have to
be registered.
 Geographical Indications Registry
examines and publishes the application
before registration
 Registration is valid for 10 years but can
be renewed indefinitely
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19. The GI Act, 1999
 Punishment for falsifying GI:
Imprisonment between 6 months to 3 years, & Fine between Rs.
50,000/- and Rs. 2 lakh
 Registration:
Controller General of Patents, Designs and Trade Mark shall be the
Registrar of GI
 Who can Apply:
Any association of persons or any organization or authority under law
representing the interest of procedures of concerned goods.
 Duration:
10 years ( Renewed from time to time after payment of prescribed fee).
Can be kept alive for an indefinite period
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20. Some GIs of India
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21. Geographical Indications Registered in Uttar
Pradesh
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No. Geographical Indication Type
1. Allahabad Surkha Agricultural
2. Lucknow Chikan Craft Handicraft
3. Mango Malihabadi Dusseheri Agricultural
4. Banaras Brocades and Sarees Handicraft
5. Handmade Carpet of Bhadohi Handicraft
6. Agra Durries Handicraft
7. Farrukhabad Prints Handicraft
8. Lucknow Zardozi Handicraft
9. Banaras Brocades and Sarees (Logo) Handicraft
10. Kalanamak Rice Agricultural
11. Firozabad Glass Handicraft
12. Kannauj Perfume Manufactured
13. Kanpur Saddlery Manufactured
14. Moradabad Metal Craft Handicraft
15. Saharanpur Wood Craft Handicraft

22. Agricultural Based Geographical
Indications Registered in India
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No. Geographical Indication State
1. Darjeeling Tea (word & logo) West Bengal
2. Kangra Tea Himachal Pradesh
3. Coorg Orange Karnataka
4. Mysore Betel leaf Karnataka
5. Nanjanagud Banana Karnataka
6. Mysore Jasmine Karnataka
7. Udupi Jasmine Karnataka
8. Hadagali Jasmine Karnataka
9. Navara rice Kerala
10. Palakkadan Matta Rice Kerala
11. Malabar Pepper Kerala
12. Allahabad Surkha Uttar Pradesh
13. Monsooned Malabar Arabica Coffee Karnataka
14. Monsooned Malabar Robusta Coffee Karnataka
15. Spices - Alleppey Green Cardamom Kerala
16. Coorg Green Cardamom Karnataka
17. Eathomozhy Tall Coconut Tamil Nadu

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No. Geographical Indication State
18. Pokkali Rice Kerala
19. Laxman Bhog Mango West Bengal
20. Khirsapati (Himsagar) Mango West Bengal
21. Fazli Mango West Bengal
22. Naga Mircha Nagaland
23. Nilgiri(Orthodox) Logo Tamil Nadu
24. Assam (Orthodox) Logo Assam
25. Virupakshi Hill Banana Tamil Nadu
26. Sirumalai Hill Banana Tamil Nadu
27. Mango Malihabadi Dusseheri Uttar Pradesh
28. Vazhakulam Pineapple Kerala
29. Devanahalli Pomello Karnataka
30. Appemidi Mango Karnataka
31. Kamalapur Red Banana Karnataka
32. Bikaneri Bhujia Rajasthan
33. Guntur Sannam Chilli Andhra Pradesh
34. Mahabaleshwar Strawberry Maharashtra
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No. Geographical Indication State
35. Central Travancore Jaggery Kerala
36. Wayanad Jeerakasala Rice Kerala
37. Wayanad Gandhakasala Rice Kerala
38. Nashik Grapes Maharashtra
39. Byadgi chilli Karnataka
40. Gir Kesar Mango Gujarat
41. Bhalia Wheat Gujarat
42. Udupi Mattu Gulla Brinjal Karnataka
43. Ganjam Kewda Rooh Orissa
44. Ganjam Kewda Flower Orissa
45. Madurai Malli Tamil Nadu
46. Bangalore Blue Grapes Karnataka
47. Kalanamak Rice Uttar Pradesh
48. Kaipad Rice Kerala
49. Kolhapur Jaggery Maharashtra
50. Nagpur Orange Maharashtra
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25. GIs Registered in Different Categories
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Agricultural,
26%
Manufacture,
8%
Food, 2%
Handicraft,
64%

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