Hello world!

K.Verma has always been or at least tried to be different from others. The immense confidence and ambition to reach the heights is seen clearly in his eyes. Mr. Kamlesh Verma, a young Art Director who knows that toil and perseverance go hand in hand towards the success path. The Young guy shows determination unlimited the ingredients needed to reach the top. A BFA in Applied Art from Govt. School of Arts. Aurangabad, (M.S.) INDIA, He has also done computer graphic Multimedia course and has a diploma in Photography, Dramatics and Film making.

Call him an Art Director, Painter, Photographer, Actor, Writer, or Model, he is a perfect example of today`s youth that is aware of its capabilities and the way to explore it. Mr. K.Verma even touched the international scales as his packaging designs are honoured by world packaging evaluation team. This is the last level of evaluation in world. His packing was also honoured in Asia and then selected for World competition and now ranked in World star competition. Also his designs had made it to the finalist in Advertising / Marketing Materials out of the 75 entries from all over the world with the contest floated by CorelDRAW International Company and has been displayed at the Corel world website as well as international conference itself.

However, the artist in him is carving to do lots more; He has also participated in International contests in this year and come in top four. Appreciation has been association with the young Art director since the beginning. He had won national prizes for his Creative projects, Photography, Drama Plays, and Paintings & Sculptures.

The professionalism and standards maintained herein is worth and mention.” That is because He believe whatever he do; He should do it with perfection. He`s done art direction as well a direction for plays apart from acting. He does copy writing and write scripts for short films, and ad films too. When asked why do not you follow the principle of remaining focused on one particular field and master….? He says he does not believe in school of thought. He believe today`s world is very competitive and one needs to have that extra edge to strode ahead. All the fields he has into are creative ones and are related to each other somehow or the other. So all his talent and efforts in a way complement each other, He know he will achieve the milestone some day, but He is not going to leave hand work and struggle in all the various fields he is interested in. One never know which one clicks and where.”

By: Asmita Bharti (Times of India)

Trademark Registration – INDIA

Trademark Registration
According to a survey a person listens or sees 1500 trademarks everyday. If we analyze our day to day life we buy things by depending on the brand names only for e.g. when we are out to buy clothes we look for products of companies like Nike, Reebok, Levi’s, Raymond, D&G, Armani etc. The reason we believe in these brand names because of the reputation earned by these brands due to delivering quality and unique goods and services. Hence now we know that the trademarks play such an important role in our lives.

With the advent of globalization the need was felt to protect these marks. In India the marks were earlier protected under the Trade and Merchandise Marks Act 1958, but after TRIPS agreement our country enacted a consolidated Act for trademark protection i.e. Trademarks Act 1999.

Definition of Trademark
A trademark is essentially a method of product differentiation. It is a symbol in the form of a word, device, numbers, alphabets, signs, logos or a label applied to articles of commerce with a view to distinguish from similar goods manufactured by some other trader or manufacturer. Trade mark may include shape of goods, their packaging and colour combination. I would like to site few examples of each category.

A word or other groupings of letters is the most common type of mark. For example IBM, JCB, ICICI Logos are probably the next most common form of mark. A logo can be described as a design which becomes a mark when used in close association with the goods or services being marketed. The logo mark does not need to be elaborate; it need only distinguish goods and services sold under the mark from other goods and services. Examples of logo marks are McDonald’s double arches or Apple Computer’s Apple.
Pictures or drawings of a character or scene are often used as trademarks or service marks. MSN’s Butterfly is a very good example of it. Or a trademark might be a combination of letters and a design, such as IBM.

Slogans from advertising campaigns are also used as trademarks. A slogan which has strong trademark right attached to it is McDonald’s I’m lovin’ it. An inherently distinctive product shape can be a protectable trademark. Coca cola bottle is the best example of product shape which enjoys trademark status.

How to select the Trademark
• If it is a word it should be easy to speak, spell and remember.
• The best trademarks are invented words or coined words. For example though Apple is generic word but its use for a computer is something which makes it invented word.
• Please avoid selection of a geographical name. No one can have monopoly right on it. For example Assam tea.
• Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc)
• It is advisable to conduct a market survey and a search at Trademark office to ascertain if same/similar mark is used in market.

Registration
• Application for registration:-
By any person claiming to be the proprietor of trademark used or proposed to be used by him—made in writing in FORM TM-1
Amount payable for TM-1 Rs. 2500 (Two thousand five hundred only).
• Procedure on receipt of application for registration of trademark:-

1)Acknowledgement and search-
• Every application, on receipt, acknowledged by Registrar and search cause by Registrar on request by any person in FORM TM-54
• Fees payable for FORM TM-54 is Rs. 500 (Five hundred only).
• Duration- search report to be made and communicated within 30 days of the receipt of such request.
• Expedited search report- FORM TM-71—issued within 7 working days—fees payable 5 times the ordinary fees i.e. Rs. 2500 ( Five hundred only ).

2) Examination-
• Request for expedited examination of an application for a registration 0of trademark—FORM TM-63 – together with a declaration stating the reasons for the request, on payment of 5 times the application fee i.e. Rs.12500.
(Twelve thousand five hundred only).
• Duration- issuance of examination report within 3 months of the date of such request If Registrar refuses the request- fees refunded. But opportunity of being heard is given before refusal.

3) Objection to acceptance-
Registrar shall communicate objections to applicant in writing
If within 1 month, date of such communication, the applicant fails to comply, the application shall be deemed to have been cancelled.

4) Correction and amendment of application-
FORM TM-16 Fees payable—Rs.500 (Five Hundred only).
Duration as to correction—within 30 days from the date of receipt of the communication
Where applicant intimates the Registrar that he desires to be heard, the Registrar gives notice to hear him after the 15 days from the date of notice.

6) dvertisement of application-
Application for registration shall be advertised in Journal within 6 months of the acceptance of an application. In FORM TM-58—any person may request registrar for particulars of advertisement of a mark—fees payable for the same is Rs.250 (Tow hundred and fifty only).

7) Oposition to Registration-
• Notice ofopposition to be made in FORM TM-5—within 3 months or within such further period not exceeding 1 month from the date in Journal is made available to public.
• Fees payable—Rs.2500 (Rupees Tow Thousand & Five Hundred Only).
• Notice includes—grounds of objections
• Notice of opposition should be published in Journal
• Application for an extension period of notice opposition –made in FORM TM-44—Before the expiry of period of 3 months—fees payable for application Rs.500 ( Rupees Five Hundred Only ).

8) Counter statement-
• A copy of notice of opposition to be served by Registrar to applicant within 3 months
• Counterstatement to be send by applicant in FORM TM-6 with prescribed fees Rs.1000 ( Thousand Only ) within 2 months from the receipt of the copy of the notice of opposition from Registrar by the applicant
• opy of counter statement to be served on opponent by Registrar within 2 months.

9) Evidence in support of opposition
• Evidence submitted by way of affidavit—within 2 months after serving copy of counter statement or within such further 1 month as Registrar may allow.
• Application of extension period of 1 month –made in FORM TM-56 with fees
Rs. 500 (Rupees Five Hundred Only).

10) Evidence in support of application-
• Evidence submitted by way of affidavit—within 2 months after serving copy of counter statement or within such further 1 month as Registrar may allow
• Application of extension period of 1 month –made in FORM TM-56 with fees
Rs. 500 (Rupees Five Hundred Only).

11) Evidence in reply by opponent-
• Within 1 month from the receipt of copies of applicant’s affidavit or within such further period not exceeding1 month as Registrar may allow
• Application FORM TM-56 with Fees Rs.500 (Rupees Five Hundred Only).

12) Hearing and Decision-
a) On completion of evidence—Registrar give notice to the parties of first date of hearing—within 3 months on completion of evidence.
b) Date of hearing- date at least one month after the date of first notice.
c) Any party who intends to appear shall so notify the Registrar in FORM TM-7 wi
th fees Rs.500, (Rupees Five Hundred Only) within 14 days from the receipt of the first notice.
d) Any party which does not notify the Registrar—may be treated as not desiring to be heard.
e) Decision Registrar in writing.
13) Entry in Register
14) Certificate of Registration –issued by Registrar FORM 0-2

Term of Trademark and its Renewal
• Duration of Registration is 10 years
• It can be renewed from time to time
• Application of Renewal, 6 months before expiry, in Form TM 12 with prescribed fees of Rs. 5000/- (five thousand only).
• If no application for renewal then Registrar will send notice under Form TM 03
• Within 6 months after the expiry of Trademark application under Form TM 10 with surcharge Rs. 3000/-(Three thousand only) and Form TM 12 with its prescribed fees.
• After a period of 6 months from expiry of a mark but before completion of 1 year application under Form TM 13 with fees Rs. 5000/- ( Five thousand only )and applicable renewal fees.
• And after expiry of said 1 year period it falls under public domain
• Any person may be other than original proprietor can apply for the trademark registration.

Infringement and Passing off
The ambit of the word infringement is very large, it covers both the instances. Firstly a person not being owner of a trademark uses it to en-cash on another’s goodwill and reputation and secondly a person uses a trademark deceptively similar to that of a registered trademark. When a trademark is registered then only infringement action can be taken and if the trademark is not registered then passing off is the only remedy.
In passing off action plaintiff must prove that
• Plaintiff’s mark is a well known mark with goodwill attach to it.
• Defendant is passing off his own goods as of plaintiff’s goods, through misrepresentation.
• Defendants act is causing loss to the plaintiff, and
• Balance of convenience lies in plaintiff’s favor.

As it is quite difficult to prove all these factors in court of law, the remedy for same will be defeated. On the other hand in case of infringement plaintiff have to show that defendant is using same or similar trademark as that of plaintiff’s.
The main advantage of this is that, in a trade mark infringement proceedings, the infringement will be stopped even in the cases where the infringement does not cause any losses to the plaintiff. The prevention of infringement at this stage helps the mark attain a particular level of fame and reputation without encountering any obstacles. On the other hand, in a passing off proceeding, if due to lack of fame of a mark, the defendant’s use of the mark does not cause any losses to the plaintiff, the mark runs the risk of not being protected and thus the mark can encounter problems in attaining a certain level of fame and reputation which can be achieved through its use by the plaintiff alone.

Even if the classes of goods are different but the trademark is attached with lot of goodwill and reputation and use of such mark or a mark deceptively similar to that of the registered mark can cause harm to its distinctive character and repute then also an action of infringement can be brought. For example Mercedes Benz or Rolce Royce.

Infringement is done by two ways
1) By using the same trademark as of registered proprietor
2) By using the deceptively similar trademark
The term deceptively similar is quite vague so let us consider few instances of deceptive similarity between the trademarks. The legal test for deceptive similarity is whether there is a likelihood of confusion in customers mind because of the two trademarks are similar in sight, sound or meaning. For example THE FAR SIDE is similar in sight, sound or meaning to THE FARRR SIDE, THE FAR SIDES, FAR SIDE, THE PHAR SIDE, and THE DISTANT SIDE. Also, it is important to confirm that words and images are legally similar to each other if they would have the same meaning to a customer. For example, THE LION KING is similar to THE [image of a lion] KING. Another particularly common source of dispute concerns phonetically similar trademarks, such as “Crazy Cat” and “Krazy Kat.” And Airtel and Eiretel Irish telecom service. Example from slide. Not only sight, sound or meaning is important but its appearance i.e. it’s packaging, marketing if similar infringement action can be initiated.

Offences and Penalties
The act provides for certain criminal offences relating to trademarks, trade description etc. that are punishable with imprisonment or fine or both. The offences are as follows:

a) Falsely applying trademark an False Trade Description:-
The trademarks function as identification of a particular good with particular manufacturer or goodwill. . Hence, when a person applies to goods a trademark belonging to another person without his assent, he is deemed to falsely apply the mark. Any person doing so is punishable with imprisonment, for a period from six months to three years and a fine, which may vary from fifty thousand to two lakh.

b) False representation as Registered :
False representation of a trademark as registered is an offence punishable with imprisonment, which may extend up to three years or with fine or with both.

c) Offences by companies :
If the person committing the offence is a company, then the company along with every person responsible or directly in charge at the time of commission of offence shall be deemed to be guilty of the offence. Apart from the person who commits the offence, any person who causes any offence to be committed is also guilty. Thus, a master is made criminally liable for the agent acts contrary to owner’s orders.

d) Threat of legal proceedings :
When a person threats another with an action for infringement of a trademark, the aggrieved may bring a suit against that person for obtaining a declaration on to the effect that the threats are unjustified, and for an injunction against the continuance of threats. He can recover damages also, if he has sustained any. The threats may be communicated through circulars, advertisements. However, this suit will not succeed if the defendant is the registered proprietor of that mark and actions of plaintiff are only forming basis for such threats.

e) Infringement:
In the event of infringement a court may grant injunction, either damages or account of profits, together with or without any order for the delivery up of the infringing labels and marks for erasure or destruction.
The Indian Penal Code (IPC) also has provisions to protect consumers from being deceived by traders or manufacturers for manufacturing/selling counterfeit goods. A consumer can file a criminal complaint against the infringers on the ground of cheating under the provisions of Section 420 of IPC, for deceiving the consumers, concealing the true trade origin of such goods and thereby dishonestly inducing the public to purchase the goods.

Counterfeiting
Counterfeiting is also recognized under Indian Penal Code. A counterfeit is an imitation that is made usually with the intent to deceptively represent its content or origins. The word counterfeit most frequently describes forgeries of currency or documents, but can also describe clothing, software, pharmaceuticals, watches, or more recently, cars and motorcycles, especially when this results in patent infringement or trademark infringement.

Although India does not have separate legislation to address counterfeiting like the United States, statutory remedies both of civil and criminal nature are now available in India. Redress is available in the forms of ex-parte interlocutory injunctions, permanent injunctions, search and seizure orders, rendition of accounts in addition to common law relief in the form of passing off. In fact the new Trade Marks Act has introduced the theory of dilution in case of well known marks.

How it can protect
Prevention is always better than cure and certain preventive measures outlined below can help to address the problem more effectively.

Secure your rights:
Although well-known marks have statutory protection, it is always advisable to have the mark registered with the Indian Trade Marks Registry taking into account your current and future business plans, thus ensuring as wide coverage as possible.

Alert and well-informed brand protection cell:
The anti-counterfeiting cell should be well equipped and well informed. Setting up reporting lines is vital. People, whether internal or external resources, who are on look out for counterfeits should know what to do when they find them. Once information on counterfeit operation is generated decision making should be quicker.

Invest in investigations:
Reliable and timely information is key to effective enforcement. The role of investigating agency in identifying production and storage sites where counterfeit material can be found and seized during ‘raid’ action is vital for effective enforcement.

Stringent and watertight agreements:
A sound agreement between the local distributors, manufacturers, joint venture partners and the IP holders minimizes the risk of counterfeiting.

Timely actions:
Usually, in cases where small time manufacturers are engaged in offence, the right owners are reluctant to take action assuming that their production volumes would not have any major impact on their sales. However, it is important to take early and timely steps to curtail counterfeiting at an early stage in order to protect the brand and also to restrain any small players becoming organized.
As in any other developing county, working with law enforcement authorities and courts is quite challenging in India. However so long as IP holders have worked out their objectives and strategy which suits their requirement, then achieving good results is not a difficult task.

Conclusion:
The registration of a trademark is optional i.e. not compulsory under the Trademarks Act, 1999. However, it is always advisable for various benefits attached to its registration. The registration of the trademark shall confer on the proprietor an exclusive right to use the trademark. The registration of a trademark is the prima facie evidence of its validity. The registration confers upon the proprietor a right to institute infringement proceedings against any adverse user, if any. This shows that registration of the trademark is important because it’s very easy to institute infringement proceedings in the court and establish the exclusive right in the trademark rather than passing off proceedings in which injunction is the remedy which is very difficult to prove in court of law.

Services marketing

Services marketing, as the label suggests, relates to the marketing of services, as opposed to tangible products (in standard economic terminology, a tangible product is called a good).
A typical definition of a service (as opposed to a good) is thus:
•The use of it is inseparable from its purchase
(, i.e. a service is used and consumed simultaneously)
•It does not possess material form, and thus cannot be smelt, heard, tasted, or felt.
•The use of a service is inherently subjective, in that due to the human condition, all persons experiencing a service would experience it uniquely.

As examples of the above points, a train ride can be deemed as a service. If one buys a train ticket, the use of the train is typically experienced concurrently with the purchase of the ticket. Moreover, a train ride cannot be smelt, heard, tasted or felt as such. Granted, a seat can be felt, and the train can be evidently heard, nonetheless one is not paying for the permanent ownership of the tangible components of the train.

Services (by comparison with goods) can also be viewed as a spectrum. Not all products are pure goods, nor are all pure services. The aforementioned example of a train ride can be deemed a pure service, whilst a packet of potato chips can be deemed a pure good. An intermediary example may be a restaurant (as the waiter service is intangible, and the food evidently is tangible in form).

Use of technologies

Marketing management can also note the importance of technology, within the scope of its marketing efforts. Computer-based information systems can be employed, aiding in a better processing and storage of data. Marketing researchers can use such systems to devise better methods of converting data into information, and for the creation of enhanced data gathering methods. Information technology can aid in improving an MKIS’ software and hardware components, to improve a company’s marketing decision-making process.

In recent years, the notebook personal computer has gained significant market share among laptops, largely due to its more user-friendly size and portability. Information technology typically progress at a fast rate, leading to marketing managers being cognizant of the latest technological developments. Moreover, the launch of smartphones into the cell phone market is commonly derived from a demand among consumers for more technologically advanced products. A firm can lose out to competitors, should it refrain from noting the latest technological occurrences in its industry.

Technological advancements can facilitate lesser barriers between countries and regions. Via using the World Wide Web, firms can quickly dispatch information from one country to another, without much restriction. Prior to the mass usage of the Internet, such transfers of information would have taken longer to send, especially if via snail mail, telex, etc.

Behavior

Buying behavior
A marketing firm must ascertain the nature of the customers buying behavior, if it is to market its product properly. In order to entice and persuade a consumer to buy a product, marketers try to determine the behavioral process of how a given product is purchased. Buying behavior is usually split in two prime strands, whether selling to the consumer, known as business-to-consumer (B2C) or another business, similarly known as business-to-business (B2B).

B2C buying behavior
This mode of behavior concerns consumers, in the purchase of a given product. As an example, if one pictures a pair of sneakers, the desire for a pair of sneakers would be followed by an information search on available types/brands. This may include perusing media outlets, but most commonly consists of information gathered from family and friends. If the information search is insufficient, the consumer may search for alternative means to satisfy the need/want. In this case, this may be buying leather shoes, sandals, etc. The purchase decision is then made, in which the consumer actually buys the product. Following this stage, a post-purchase evaluation is often conducted, comprising an appraisal of the value/utility brought by the purchase of the sneakers. If the value/utility is high, then a repeat purchase may be bought. This could then develop into consumer loyalty, for the firm producing the pair of sneakers.

B2B buying behavior
Relates to organizational/industrial buying behavior. B2C and B2B behavior are not exact, as similarities and differences exist. Some of the key differences are listed below:
In a straight re-buy, the fourth, fifth and sixth stages are omitted. In a modified re-buy scenario, the fifth and sixth stages are precluded. In a new buy, all aforementioned stages are conducted.

Marketing specializations

With the rapidly emerging force of globalization, the distinction between marketing within a firm’s home country and marketing within external markets is disappearing very quickly. With this occurrence in mind, firms need to reorient their marketing strategies to meet the challenges of the global marketplace, in addition to sustaining their competitiveness within home markets.

Marketing strategy

The field of marketing strategy encompasses the strategy involved in the management of a given product. A given firm may hold numerous products in the marketplace, spanning numerous and sometimes wholly unrelated industries. Accordingly, a plan is required in order to manage effectively such products. Evidently, a company needs to weigh up and ascertain how to utilize effectively its finite resources. As an example, a start-up car manufacturing firm would face little success, should it attempt to rival immediately Toyota, Ford, Nissan or any other large global car maker. Moreover, a product may be reaching the end of its life-cycle. Thus, the issue of divest, or a ceasing of production may be made. With regard to the aforesaid questions, each scenario requires a unique marketing strategy to be employed. Below are listed some prominent marketing strategy models, which seek to propose means to answer the preceding questions.

Marketing planning

The area of marketing planning involves forging a plan for a firm’s marketing activities. A marketing plan can also pertain to a specific product, as well as to an organization’s overall marketing strategy. Generally speaking, an organization’s marketing planning process is derived from its overall business strategy. Thus, when top management is devising the firm’s strategic direction or mission, the intended marketing activities are incorporated into this plan. There are several levels of marketing objectives within an organization. The senior management of a firm would formulate a general business strategy for a firm. However, this general business strategy would be interpreted and implemented in different contexts throughout the firm.

Market segmentation

Market segmentation pertains to the division of a market of consumers into persons with similar needs and wants. As an example, if using Kellogg’s cereals in this instance, fro sites are marketed to children. Crunchy Nut Cornflakes are marketed to adults. Both goods aforementioned denote two products which are marketed to two distinct groups of persons, both with like needs, traits, and wants.

The purpose for market segmentation is conducted for two main issues. First, segmentation allows a better allocation of a firm’s finite resources. A firm only possesses a certain amount of resources. Accordingly, it must make choices (and appreciate the related costs) in servicing specific groups of consumers. Furthermore the diversified tastes of the contemporary Western consumers can be served better. With more diversity in the tastes of modern consumers, firms are taking note of the benefit of servicing a multiplicity of new markets. Market segmentation can be defined in terms of the STP acronym, meaning Segment, Target and Position.

Marketing Research

Marketing research involves conducting research to support marketing activities, and the statistical interpretation of data into information. This information is then used by managers to plan marketing activities, gauge the nature of a firm’s marketing environment and attain information from suppliers. Marketing researchers use statistical methods such as quantitative research, qualitative research, hypothesis tests, Chi-squared tests, linear regression, correlations, frequency distributions, Poisson distributions, binomial distributions, etc. to interpret their findings and convert data into information. The marketing research process spans a number of stages including the definition of a problem, development of a research plan, collecting and interpretation of data and disseminating information formally in form of a report. The task of marketing research is to provide management with relevant, accurate, reliable, valid, and current information.

A distinction should be made between marketing research and market research. Market research pertains to research in a given market. As an example, a firm may conduct research in a target market, after selecting a suitable market segment. In contrast, marketing research relates to all research conducted within marketing. Thus, market research is a subset of marketing research.

Types of marketing research
Marketing research, as a sub-set aspect of marketing activities, can be divided into the following parts:
• Primary research (also known as field research), which involves the conduction and compilation of research for the purpose it was intended.
• Secondary research (also referred to as desk research), is initially conducted for one purpose, but often used to support another purpose or end goal.

By these definitions, an example of primary research would be market research conducted into health foods, which is used solely to ascertain the needs/wants of the target market for health foods. Secondary research, again according to the above definition, would be research pertaining to health foods, but used by a firm wishing to develop an unrelated product.
Primary research is often expensive to prepare, collect and interpret from data to information. Nonetheless, while secondary research is relatively inexpensive, it often can become outdated and outmoded, given it is used for a purpose other than for which is intended. Primary research can also be broken down into quantitative research and qualitative research, which as the labels suggest, pertain to numerical and non-numerical research methods, techniques. The appropriateness of each mode of research depends on whether data can be quantified (quantitative research), or whether subjective, non-numeric or abstract concepts are required to be studied (qualitative research).

There also exist additional modes of marketing research, which are:
• Exploratory research, pertaining to research that investigates an assumption.
• Descriptive research, which as the label suggests, describes “what is”.
• Predictive research, meaning research conducted to predict a future occurrence.
• Conclusive research, for the purpose of deriving a conclusion via a research process.

Further orientations

An emerging area of study and practice concerns internal marketing, or how employees are trained and managed to deliver the brand in a way that positively impacts the acquisition and retention of customers, see also employer branding. Diffusion of innovations research explores how and why people adopt new products, services and ideas. With consumers’ eroding attention span and willingness to give time to advertising messages, marketers are turning to forms of permission marketing such as branded content, custom media and reality marketing.