Context:
Hyderabad’s Osmania University (OU) Arts College building has officially become the third building in India to receive trademark registration for its exterior design.
Trademarks:
- A trademark is a unique symbol, word, phrase, design, or combination that distinguishes the goods or services of one brand from another.
- It helps in brand recognition and protects the identity of a company.
- Types of Trademarks –
- Word Marks (e.g., Coca-Cola)
- Logo Marks (e.g., Nike Swoosh)
- Sound Marks (e.g., Nokia tune)
- Shape Marks (e.g., Toblerone chocolate shape)
- Color Marks (e.g., Tiffany Blue)
- Trademark Symbols –
- ™ (Trademark): Used for unregistered trademarks.
- ® (Registered Trademark): Used for officially registered trademarks.
- Trademark Protection prevents infringement and misuse.
- Grants exclusive rights to the owner.
- Can be renewed indefinitely.
Trademarks in India:
- Governing Law – The Trade Marks Act, 1999 regulates trademarks in India.
- Granted by the Controller General of Patents, Designs and Trademarks (CGPDTM) under DPIIT.
- Must be distinctive and not deceptive.
- Should not be similar to existing trademarks.
- Can be words, logos, sounds, colors, or shapes.
- Validity & Renewal –
- A trademark is valid for 10 years.
- It can be renewed indefinitely every 10 years.
- Buildings in that has secured trademarks – 3
- Taj Mahal Palace Hotel, Mumbai
- Bombay Stock Exchange (BSE) building, Mumbai
- Osmania University Arts College, Hyderabad
Source: TH
Previous Year Question
Consider the following statements:
1. According to the Indian Patents Act, a biological process to create a seed can be patented in India.
2. In India, there is no Intellectual Property Appellate Board.
3. Plant varieties are not eligible to be patented in India.
Which of the statements given above is/are correct?
[UPSC Civil Services Exam – 2019 Prelims]
(a) 1 and 3 only
(b) 2 and 3 only
(c) 3 only
(d) 1, 2 and 3
Answer: (c)
Explanation:
Statements 1 and 2 are not correct:
Article 3(J) of the Indian Patent Act, excludes from patentability “plants and animals in whole or in any part thereof other than microorganisms, including seeds, varieties, and species, and essentially biological processes for production or propagation of plants and animals”.
The Intellectual Property Appellate Board (IPAB) was constituted in 2003 by the Government of India to hear and resolve the appeals against the decisions of the registrar under the Indian Trademarks Act, 1999, and the Geographical Indications of Goods (Registration and Protection) Act, 1999.