Trade Mark

A trademark, sometime called as brand name, is a visual symbol in the form of a word, signature, name, device, label, numerals or combination of colours, used by one entity for their goods / services or other commercial articles which are manufactured by it. A Trademark distinguishes the entity goods / services from other similar goods or services originating from a different undertaking.

In India, any person who is already using or proposed to use any trademark may apply in writing in prescribed manner for registration of the trademark. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney and the period of use of the mark.

Benefits of Trademark

The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country.

Types of Trademark in India : There can be following types of trademarks in India :

• Any name (including surname and signature), which is not unusual for trade to adopt as a mark.
• An invented or dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
• Combination of letters or numerals or both.
• The right to proprietorship of a trademark may also be acquired for particular goods or services.
• Devices, including fancy devices or symbols
• Monograms
• Combination of colors either single or in combination of word/ device
• Shape of goods and marks with a 3- dimensional sign.
• Sound marks