TRADEMARK TRIPS

INTELLECTUAL PROPERTY RIGHTS | TRADEMARK TRIPS     Intellectual Property Rights, Trademark trips is used to strengthen and increase the world trade and mutual trade relationship amongst various nations, a multilateral body namely the General Agreement on Tariffs and Trade (GATT) was formed in 1948.   Article 15 to 21 of the Agreement on TRIPs deal with the matters relating to Trademark TRIPs. They deal with protectable subject matter of trademark rights of owners of registered trademark, the term of protection, cancellation, licensing and assignment of trademark. Trademark means any sign or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings. Such signs in particular words including personal names, letters, numerals, figurative elements and combination of colors as well as any combination of such signs shall be eligible for registration as trademarks. Where signs are not inherently capable of distinguishing the relevant goods or services, member countries are authorized to make registerability depending on distinctiveness acquired through use.   According to the publication of the Trademark TRIPs, it is obligatory on the part of the member countries to publish each trademark either before it is registered or promptly after it is registered and shall afford a reasonable opportunity for petitioners to cancel the registration. Also, the members have to afford an opportunity for the registration of a trademark to be opposed. The agreement also details that the owner of a registered trademark shall have the exclusive right to prevent all third parties no having the owners consent from using, in the course of trade, identical or similar signs for goods and services which are identical or similar to those in respect of which the trademark is registered where such use would result in a likelihood of confusion.   The agreement on Trademark TRIPs fixes the duration of protection of a trademark. It lays down that initial registration and each renewal of registration of a trademark shall be for a term of not less than seven years. The registration of a trademark shall be renewable indefinitely.   The registration of a trademark can be cancelled if it is not used for an uninterrupted period of at least three years and user is required to maintain a registration. In this regard, the trademark owner can show valid reason based on the existence of obstacles to such use.   Article 21 of Trademark TRIPs states that the owner of a registered trademark shall have the right to assign the trademark with or without the transfer of the business to which the trademark belongs.

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