Concept of trade mark - Indian Laws - General

Concept of trade mark The concept of trade mark dates back to ancient times. Even in the Harappan Civilization marks of trade with foreign countries such as Mesopotamia and Babylonia were found embossed on articles. The law of trade marks was formalised with the process of registration which gave exclusivity to a trader right to deal in goods using a symbol or mark of some sort to distinguish his goods from similar goods sold by other traders. Even today the grant of a trade mark is an indicator of exclusivity in trade under that mark and this right cannot be transferred. Only a limited right of user can be granted via licence. In The Modern Law of Trade Marks by Christopher Morcom, Butterworths 1999, it is stated: The concept of distinguishing goods or services of the proprietor from those of others was to be found in the requirements for a mark to be registrable. Essentially, whatever the wording used, a trade mark or a service mark was an indication which enabled the goods or services from a particular source to be indentified and thus distinguished from goods or services from other sources. In adopting a definition of trade mark which simply describes the function in terms of capability of distinguishing the goods or services of one undertaking from those of other undertakings the new law is really saying precisely the same thing. RAMDEV FOOD PRODUCTS PVT. LTD. VERSUS ARVINDBHAI RAMBHAI PATEL ORS. - 2006 (8) TMI 528 - SUPREME COURT In Gujarat Bottling Co. Ltd. and Others v. Coca Cola Co. and Others - 1995 (8) TMI 232 - SUPREME COURT , it was held that licensing of trade mark is governed by common law which is also statutorily permissible provided: (i) the licensing does not result in causing confusion or deception among the public; (ii) it does not destroy the distinctiveness of the trade mark, that is to say, the trade mark, before the public eye, continues to distinguish the goods connected with the proprietor of the mark from those connected with others; and (iii) a connection in the course of trade consistent with the definition of trade mark continues to exist between the goods and the proprietor of the mark