1. Define trademark.
State and explain the eligibility criteria for
trademark.
Definition of Trademark
A trademark is a unique sign, symbol, word, logo, or combination
that identifies and distinguishes a business’s goods or services from
others. It gives the owner exclusive rights and legal protection.
Eligibility Criteria for Trademark (5 Marks)
1. Distinctiveness – The mark must be unique and different from
others.
2. Non-Descriptive – It should not directly describe the product or
service.
3. Not Deceptive – It must not mislead consumers.
4. No Conflict – It should not be similar to an existing trademark.
5. Not Offensive – It must not contain offensive or illegal content.
6. Not Generic – Common words or names cannot be
trademarked.
7. Graphical Representation – It should be visually presentable
(e.g., logo or design).
2. Explain the process of trade mark registration in INDIA.
Process of Trademark Registration in India
1. Trademark Search – Check if a similar trademark already
exists.
2. Filing the Application – Submit the application with details like
logo, name, and business category.
3. Examination – The Trademark Office reviews the application
and may raise objections.
4. Publication in Trademark Journal – If approved, it is published
for public review for 4 months.
5. Opposition (if any) – If someone objects, a hearing is
conducted. If no opposition, it moves to the next step.
6. Registration & Certificate – If no issues arise, the trademark is
registered, and a certificate is issued (valid for 10 years).
3. Write a short note on famous case law between international
private companies limited.
Famous Case Law Between International Private Companies
Apple Inc. vs. Samsung Electronics (2011-2018)
Apple sued Samsung, claiming that Samsung copied the design and
features of the iPhone, such as rounded edges and touchscreen
gestures. The case was fought in many countries, including the U.S.
and South Korea.
Key Judgment & Outcome:
• In 2012, a U.S. court ruled in favor of Apple, ordering Samsung
to pay $1 billion in damages.
• Samsung later appealed, and the amount was reduced.
• In 2018, both companies settled the case privately.
Significance:
• Strengthened patent and intellectual property rights.
• Set an example for future tech-related lawsuits.
• Influenced smartphone designs and innovation.
This case remains one of the biggest legal battles in the technology
industry.
4. Brief on benefits given to proprietor of the trademark.
Benefits Given to the Proprietor of a Trademark
A trademark proprietor enjoys several legal and commercial
benefits, including:
1. Exclusive Rights – The owner has the sole right to use the
trademark for their goods or services.
2. Legal Protection – If someone copies or misuses the
trademark, the owner can take legal action.
3. Brand Recognition – A trademark helps create a unique
identity and builds customer trust.
4. Business Growth – A strong trademark adds value to the
brand, attracting customers and investors.
5. Monetary Benefits – The owner can sell, license, or franchise
the trademark to generate revenue.
6. Global Expansion – A registered trademark can be used for
international protection and business expansion.
5. With a supporting symbols explain the designation of
trademark symbols
Trademark symbols are used to indicate the legal status of a
trademark. The most common symbols are:
1. ™ (Trademark Symbol)
o Used for unregistered trademarks.
o Indicates that a business claims rights over the brand
name, logo, or slogan.
o Example: BrandName™
2. ℠ (Service Mark Symbol)
o Used for unregistered service marks (trademarks for
services instead of goods).
o Example: ConsultingPro℠ (for a consulting business).
3. ® (Registered Trademark Symbol)
o Used for trademarks that are officially registered with
the trademark authority.
o Provides legal protection and exclusive rights.
o Example: Nike®
