A STUDY ON TRADEMARKS AND REGISTRATION OF UNCONVENTIONAL TRADEMARKS IN SPORTS

 

Author : Gowri Manogari, Assistant Professor, Saveetha School of Law

ABSTRACT :

Before the introduction of legislation governing trademark law in India, common law and principles of fairness protected the rights that the trademark now provides. The trademark owner had to resort to common law recourse to peddle against the infringement of his trademark. A large number of Indian legislations are the subsequent results of the enactment of English laws for the Indian subcontinent before independence. The passage of English law in England in 1875 prompted the introduction of similar legislation in India.

Subsequently, the Bombay Chamber of Commerce made requests for the introduction of a bill in the Legislative Council similar to the English Act of 1875. Subsequently, the government looked into the matter and introduced the Trademark Bill in 1879. Unfortunately, the bill has not received much support or success; and therefore there was no more procession.

However, in the nineteenth century the need arose again for legislation exclusively for trade mark practice and laws in India. This requirement materialised in the Trademark Act of 1940. This piece of legislation emulated the provisions of the UK Trademark Act, 1938. Prior to the implementation of this legislation, the regulation of trade mark disputes occurred in light of Section 54 of the Specific Relief Act of 1877 .

To fill the gap in the Trademark Act of 1940, the birth of the Trade and Merchandise Marks Act of 1958 took place. The trademark provisions in IPC and Crpc were also amalgamated into the 1958 Trade and Merchandise Marks Act..

In addition, the Trademarks Act of 1999 has taken the role of the Trade and Merchandise Marks Act of 1958. The latter currently regulates the practice of trademarks in India in accordance with the Trademark Rules, 2002. The intention behind the enactment of the law of 1999 was to address the gap that arose on globalisation and rapid technological developments. The Indian trademark practice is now fully compatible with the TRIPS agreement due to the 2002 amendment.

WHAT ARE TRADEMARKS :

A trademark is a distinguishing symbol or signal used to identify a product or service for sale. Trademarks, which typically take the shape of logos, captions, taglines, etc., serve as markers for the provenance of a specific good or service. One of the IPs related to sports that is most frequently developed is branding. It is one of the elements that contributes to brand development in the sports industry. The ability to register names and titles of franchises, catchphrases, and other names connected to a sports team as trademarks helps build brands. Sports popularity ratings given by the general public are also based on brands. Similar to this, brands have a tremendous value attached to athletic occasions or sporting teams. In addition to serving as a mark of identity, these brands increase the value of the brand when they are applied to products, sponsorships, and other forms of advertising. Advertising and sponsorship earnings are frequently used to determine a franchise's brand value. As a result, trademark protection is crucial for defending business interests.

Sports clubs' owners can safeguard their brand by registering it under the Trademarks Act of 1999. According to the law, a holder may submit an application for registration under numerous classifications of goods and services that the trademarks are associated with. For instance, the cricket team Kolkata Knight Riders also sells hats, T-shirts, and other memorabilia. According to India's classification of products, t-shirts, which are classified as clothes, can be registered in class 25 whereas cups can be registered in class 21 under porcelain and glassware. Therefore, it's crucial to identify the correct class and register the trademark. Additionally, team uniforms may be protected as trade dress. With the assistance of a licensed trademark agency or by paying attorney statutory taxes, trademark registration is a straightforward procedure. By submitting an application under the Madrid method, which enables the applicant to ask for registration of the trademark in accordance with law in several jurisdictions, one can also search for trademark protection on a global scale.

The Indian Trademark Law, 1999 provides for both civil and criminal remedies in cases of trademark infringement. The Trademark Act offers legal recourse for registered trademarks. If the trademark is not registered, a common law remedy called a passage is available.

The trademark owner who requests a remedy under the passage must meet three fundamental criteria. The owner must first establish ownership of the goodwill associated with the brand that has been obtained through the market, then establish that there was a misrepresentation and that the misrepresentation resulted in harm to the owner. The anti-dilution statute governs another option open to the brand owner. This anti-dilution treatment is only appropriate for known symptoms. Only a small number of brands achieve widespread fame, and those brands are referred to as renowned brands or brands. Due to the significant associations that these well-known brands have in customers' minds, trademark law accords them a tremendous deal of importance. Under the anti-dilution statute, certain brands are given further protection, meaning well-known businesses have the right to stop their names from being confused with those of other goods or services. One of the most well-known brands, Manchester United, offers a variety of merchandise, including key chains, t-shirts, and other goods. Selling adult toys under the Manchester United name would dilute the Manchester United brand if it were done.

TYPES OF TRADEMARKS :

A trademark is a symbol or string of letters and numbers that a business uses to assert ownership of a word or visual representation of its goods and services. A product mark, service mark, collective mark, certification mark, shape mark, sound mark, and model mark are just a few of the several types of marks that can be registered. Although there are many different kinds of brands, all of them serve the same objective, which is to let customers recognise products and services from a specific manufacturer or service provider. We examine the numerous forms of branding in this post.

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