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Vigneswaran (Lawyer)     25 February 2010

College name

Can a college or an university apply for trademarking its Name or should it apply for a copyright bcoz educational institutions impart education and i don think any trade is involved there even though they do get a hell alot of donations!!!!



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 5 Replies

Swami Sadashiva Brahmendra Sar (Nil)     25 February 2010

There is no need to apply for trademark. Institutins'  name is protected under societies registration Act and /or relevant university's Act.

Vigneswaran (Lawyer)     26 February 2010

No sir, what about private colleges bcoz only nationalized institutions established under acts for E.g. Indian Institute of Technology act even then under what provision of law does a university or a college sue the other for using their name

Vinodkumar Kotabagi (Advocate and Trademark Attorney)     20 March 2010

Even the educational institutions can protect their name as service marks under the Trademarks Act, 1999. Education comes under Class 41 in IV Schedule of the Act and thus an educational institution can register its name or logo as the service mark under the TM Act.

Basavaraj (Asst, Manager-Legal)     27 March 2010

I do agree with Mr.Vinod Kumar,

 

If you see IV schedule of Trade Marks Act.

Definition of Trade Mark--------

 

What is a trade mark?

A trade mark protects any sign or symbol that allows your customers to tell you apart from your competitors. You can register a name, logo, slogan or strap line. To be registered, a trade mark must be: distinctive for the goods and services you apply for not similar or identical to any earlier marks for the same or similar goods and services

not deceptive, or contrary to law or morality.

 

If your trademark meets these requirements, you may want to consider applying for a registered trademark. If you have a registered trademark, you must renew it every

10 years to keep it in force.

  

A. Srinivasa Rao   12 December 2022

Trademark is a different act and neither the Societies Registration Act nor Universities Registration Act can provide similar legal protection.

Trademarks Act has both Civil and Criminal remedies for most of the infringing offenses.  

It is strongly recommended that an institution irrespective if it is Govt. or Private should register its name and logo under the Trademarks Act, 1999.


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