INTRODUCTION

A trademark is a mark or a symbol which distinguishes the products and services of one business from another. Trademark are protected by intellectual property rights. A trademark can be anything which represents business, over which the business has legal right to protect it from using it by others. A company’s trademark represent company’s brand and its goods and services provided by them.

With the changing times after the globalization of trade and business brand name, trademarks have achieved a uniform standard which was recognised under the TRIPS agreement. To confer the TRIPS agreement and other international practices Trademarks act, 1999 was enacted in India.

BACKGROUND OF THE MARK

The project “Make in India” is an initiative launched in the year 2014 which aims to increase the growth of manufacturing sector, creates job opportunities in the economy and most importantly to increase the contribution of manufacturing sector in country’s GDP. This idea of project “Make in India” targets and encourages more foreign companies to manufacture their products in India. During this project 25 economic sectors were selected. To achieve its motive the Make in India project was given a symbol as a logo of a lion with a move which is made up of cogs and gears which represents manufacturing industry.

The Make in India Trade Mark is registered as a device mark in multiclass application under class 9, 16, 18, 25, 28, 35, 38, 41 and 42. This device mark is owned by the Government of India and particularly by the Secretary of the Department of industrial policy and promotion, Ministry of commerce and industry.

ABOUT MAKE IN INDIA MARK

Registering a trade mark gives an advantage to business over other business in a way that it gives a registered owner of trade mark the special right to use its trademarks and restricts others from using the same trademark. A trademark owner has exclusive right over it.

Now, if we talk about Make in India mark it is a registered trademark but there are no goods and services provided by GOI under that trademark. Interestingly, the Make in India logo or trademark is available to be used on any product or goods manufactured in India but with the prior approval from DIPP.

UNIQUENESS OF MAKE IN INDIA MARK

The function of Make in India Trademark is very closely related to that of certification mark. The certification mark confirms nature, origin of goods and services. Certification mark includes location or origin, method of manufacturing, quality check, and accuracy of product. The primary purpose of the certification mark is to indicate that a particular standards have been maintain during manufacturing. Since we have talked about that the function of Make in India trademark represents the characteristics of a certification mark in context that Make in India mark certifies and declares that goods and services have been examined or certified by GOI that it have been manufactured in India.  

On a positive note as an advantage to both the consumers and manufacturer the presence of Make in India mark on goods and services gives a confidence to consumers that a particular product is recognised or certified by GOI. The Make in India mark represents that the product or goods and services has been manufactured in India, with Indian resources or materials used in it, manpower which directly reflects that the manufacturing industry is contributing in the growth of the country.

A business or manufacturing unit gets a recognition on their products, goods and services which will improve the scale of business as well as somehow generate the more employment in the economy. GOI being a registered owner / proprietor cannot use Make in India mark in course of trade with regard to any goods and services, GOI rather authorise others to use Make in India mark in products and services during the trade. Further DIPP, Ministry of commerce and industry set out the pre-requisites and guidelines for authorise use of this mark.

TYPES OF TRADEMARK IN INDIA | COMPANY TRADEMARK REGISTRATION, TO KNOW MORE VISIT -

GEOGRAPHICAL INDICATION AND MAKE IN INDIA MARK

Geographical indication (GI) is sign which is used on a product that have a particular geographical origin and have the similar qualities of that origin. Similarly one can say that Make in India mark gives a representation that a goods and services are manufactured in India. The question which arises is that Make in India mark is same as GI tag?

The difference which lies between GI and a trademark is that trademark represents the goods associated with a person registered as a proprietor whereas GI represents the origin or manufacturing of goods. The mark and words “Make in India” itself represents that a particular class of goods and services are manufactured in India, so can it be treated as a geographical indication tag but on the other hand it also shows the features of certification trademark.

CONCLUSION

The vagueness associated with the Make in India mark has made this topic more debateable between scholars and professional. The strange similarity between these marks might create confusion for a layman. A Make in India mark registered as a trade mark shows the features of both certification mark as well as GI tags. It lies neither here nor there.

BY- MANMEET SINGH