Trademark
Kartavya Desk Staff
#### Facts for Prelims (FFP)
Source: TH
Context: The Delhi High Court declared the “Haldiram” mark as a well-known trademark for food items, restaurants, and eateries globally. This ruling followed a suit filed by Haldiram India seeking protection of its mark.
The court acknowledged the brand’s extensive presence and influence, dating back to the 1960s, and granted a decree declaring “Haldiram” as a well-known mark. Additionally, the court imposed fines on an imitator for trademark infringement, highlighting the importance of protecting established brands.
What is a Trademark?
A trademark is a distinctive sign or indicator used by a business to distinguish its products or services from those of others. It serves as a badge of origin, identifying a particular business as the source of goods or services.
Intellectual Property Rights (IPRs) covered in India:
Types | Legal Provision | Description
Patent | Patent Act, 1970 | Exclusive rights granted for a new and inventive product or process for a certain period, typically 20 years
Trademark | Trademark Act 1999 | A symbol, word, or phrase (e.g. Brand name, logo) used to identify and distinguish goods or services of one seller from those of others. Term of Protection: 10 years; Renewable 10
Designs | Designs Act 2000 | Protection is granted to the unique appearance of a product (New or original designs) resulting from its features such as lines, contours, colours, shape, texture, materials, or ornamentation. Term of Protection: 10 + 5 years
Copyrights | Copyrights Act 1957 | It is a legal protection granted to creators of original works, such as literature, music, art, or software, giving them exclusive rights to reproduce, distribute, and display their work for a limited period. Term of Protection: Authors: Lifetime + 60 years; Producers: 60 years; Performers: 50 years
Geographical Indications (GI) | GI Act, 1999 | Sign used on goods that have a specific geographical origin and possess qualities, reputation, or characteristics that are essentially attributable to that origin. Term of Protection: 10 years; Renewable 10
Trade Secrets | Protected under Common Law | Confidential information that provides a competitive advantage to a business and is protected under common law. Term of Protection: Till confidentiality is safeguarded