Trademarks and Design

Unit 1 — Introduction to Trademarks: Need and Emergence of Trade Marks Law, Definition and concept of trademarks, Kinds of Trade Mark, International Legal Instruments on TradeMarks

• Introduction to Trademarks and their Evolution in India
• Need for protection of Trademarks
• Kinds of Trademarks: Registered and Unregistered, Conventional and Non-conventional
• Paris Convention for the Protection of Industrial Property, 1883

Unit 2 — Indian Trademark Law: The Register and Conditions for Registration, Procedure for and Duration of Registration, Effect of Registration, Passing-Off and Infringement of TradeMark, The doctrine of honest Current User, The doctrine of deceptive similarity

• Absolute grounds
• Relative grounds
• Opposition to Registration
• Rights of Proprietor of Trademark
• Infringement and Passing Off
• Remedies and Defences for Infringement and Passing Off

Unit 3 — Assignment and Transmission: Use of Trade Marks and Registered Users, Protection of well-known marks, Appellate Board, Offences, Penalties and Procedure, Domain names and Effects of New Technology (Internet)

• Assignment and Licensing of Trademark

Unit 4 — An Overview of the Design Act, 2000