What is a trademark?

• A trademark is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. 
• The Trademark Act, 1999 is the legislation enacted in India to provide for trademark registration and protection.
• The legal requirements to register a trademark under the Act are:
  • The selected mark should be capable of being represented graphically (that is in the paper form).
  • It should be capable of distinguishing the goods or services of one undertaking from those of others.
  • It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.

What is the function of a trademark?

• It identifies the goods / or services and its origin.
• It guarantees its unchanged quality
• It advertises the goods/services
• It creates an image for the goods/ services.

What are the benefits of registering a trademark?

• The registration of a trademark confers upon the owner the exclusive right to 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. 
• The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. 
• Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.