Why is the requirement of graphical representation provided in trademark?

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Why is the requirement of graphical representation provided in trademark?

Section 2(1) provides that a trade mark is any sign capable of being represented graphically. Graphic representation requires that the sign must be able to be represented visually, particularly by means of images, lines or characters, so that it can be precisely identified (see Ralf Sieckmann (Case C-273/00)).

Does trademark represented graphically?

We look at the Trade Marks Act, 1999 (hereinafter “the act”) for this, defining a trademark as a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others.

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What is a representation of a trademark?

The representation of the trade mark may consist of a written description of sounds if the sign is not a musical-type sound. A sign consisting of a musical sound might be most appropriately represented in the form of musical notation, however, this will depend on the trade mark.

What are the legal requirements to register a trademark?

The legal requirements to register a trademark under the Act are:

  • The selected mark should be capable of being represented graphically (that is in the paper form).
  • It should be capable of distinguishing the goods or services of one undertaking from those of others.

Does trademark include shapes of goods or combination of colors?

Under the Trade Marks Act, 1999, (“Act”), as per section 2(1)(zb), “trade mark” means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colors and as per …

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What do you mean by graphical representation of mark under the Trade Marks Act 1999?

The 1999 Act defines trademarks in the following terms: “trade mark means a mark capable of. being represented graphically and which is capable of distinguishing the goods or services of. one person from those of others and may include shape of goods, their packaging and. combination of colours.”

Do trademarks include shape goods?

Pursuant to the Trademarks Act, a trademark includes inter alia, the shape of goods, their packaging and colour combinations. Thus the shape of a good can serve a source identifying function and therefore can be an enforceable trademark. A product or container shape may also be subject to a design.

Is Digital Signature mandatory for trademark registration?

Class 3 Digital Signature – a prerequisite for trademark filing. Under the e-filing system, obtaining a Class 3 Digital Signature Certificate has been made mandatory. Thus, any individual, attorney, agent, the organisation must obtain a Class 3 DSC before it can proceed for a new registration for a trademark.

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The following are not protected by copyright, although they may be covered by patent and trademark laws: works not fixed in tangible form of expression (eg, speeches or performances that have not been written or recorded); titles; names; short phrases; slogans; familiar symbols or designs; mere variation of typographic …