Trademark

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What is Trademark?

A trademark (popularly known as brand name) in layman’s language 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 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.

Documents Required for Trademark Registration


Reasons to Register a Trademark

  1. Helps in establishing a unique identity and brand for company’s goods or services
  2. Helps in establishing a sense of trust, goodwill and quality in the minds of customer
  3. Creates an intellectual property, which is an intangible asset for an organization
  4. Use as the basis for trademark filing in other countries, if required
  5. Only owners of registered trademarks are allowed to take action or sue for damages in case of trademark infringement.
trademarkregister