A confectionery company VITA was launched in India in 1940 which owned many registered trademarks in India and abroad. The Company is particularly famous for its "Gluco" biscuit. With its unique color scheme and design o

Trade description under Section 2(1)(za) of Trade Marks Act 1999, means any description, statement or other indication, direct or indirect: as to the number, quantity, measure, gauge or weight of any goods; or as to the standard of quality of any goods or services according to a classification commonly used or recognized in the trade; or as to fitness for the purpose, strength, performance or behaviour of 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 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 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 as to the mode of manufacture or producing any goods or providing services; as to the material of which any goods are composed; or as to any goods being the subject of an existing patent, privilege or copyright, and includes- 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; the description as to any imported goods contained in any bill of entry or shipping bill; any other description which is likely to be misunderstood or mistaken for all or any of the said matters. As the name suggests, Trade Description briefly describes the service or product that a company or an individual is going to sell. The main aim of adding its description is to prevent retailers, manufacturers, or service providers from misleading customers. The registered trademark will provide the exclusive rights to its proprietor with respect to trade description provided in the application. However, different class covers various activities; the scope of protection provided by trademark will be limited only to the area defined by a trade description in trademark registration application. For example: If a company deals in the software industry with the brand name "PQR", another company may use the said brand name for a trade of other description like for legal industry or for sports purpose. Both these company can be registered under different class, but if the trade description does not match nature of work, then one cannot apply for registration. However, the discretion lies to accept the application with the Registrar itself. The approval for the trademark is circumstantial, and it depends on many other grounds. The Trade Marks Act gives power to the judiciary for punishing companies or individuals who make false claims about any products or services that they sell. The Section 104 of the Trade Marks Act, levies punishment on a person or a company who sells, or hire or exposes for sale, the product or service which gives any false impression of trademark or false trade description. The importance of filling true and correct trade description can be easily understood supported by famous case laws like 'Yahoo Inc. v. Akash Arora and another', 1999 Arb L. R. 620, 'P. Manikam v. Assistant Commissioner', 2017 (Madras High Court) etc.