How to Write Goods and Service Description for a Trade mark

Certification Trade Mark

“Certification trade mark” means capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registerable.

Collective Mark:

The new definition of ‘Collective mark’ has been provided for the benefit of members of an association of persons (but not partnership) and such inclusion of ‘collective mark’ will benefit the traditional Indian family trademarks.

‘Collective mark” means a trade mark distinguishing the goods or services of members of an association of persons (not being a partnership within the meaning of the Indian Partnership Act, 1932) which is the proprietor of the mark from those of others.

Trade Description

 Trade description means any description, statement or other indication, direct or indirect:

i)                    As to the number, quantity, measure, gauge or weight of any goods; or

ii)                   As to the standard of quality of any goods or services according to a classification commonly used or recognized in the trade; or

iii)                 As to fitness for the purpose, strength, performance or behavior or any goods, being “drug”, as defined in the Drugs and Cosmetics Act, 1940 or “food”, as defined in the Prevention of Food Adulteration Act, 1954; or

iv)                 As to the place or country in which or the time at which any goods or services were made, produced or provided, as the case may be; or

v)                  As to the name and address or other indication of the identity of the manufacturer or of the person providing the services or of the person for whom the goods are manufactured or services are provided; or

vi)                 As to the mode of manufacture or producing any goods or providing services ; or

vii)               As to the material of which any goods or composed; or

viii)              As to any goods being the subject of an existing patent, privilege or copyright, and includes-

a)      Any description as to the use of any mark which according to the custom of the trade is commonly taken to be an indication of any of the above matters;

b)      The description as to any imported goods contained in any bill of entry of shipping bill;

c)       Any other description which is likely to be misunderstood or mistaken for any of the said matters.

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