What is Trademark and it’s Definition & Characteristics

What is Trademark and it’s Definition

DEFINITION

Trade Marks are like name of individuals. It comprises of a word, numeral, logo, picture, signature, shape of an article, etc. or a combination of any or all of the above. They help the customer identify the manufacturer or service provider of the goods / services. Therefore, they are commonly referred to as brand names. examples:

  1. Word – invented or dictionary
  2. Letter (s)
  3. Monograms
  4. Name
  5. Signature
  6. Portrait of a person
  7. Numeral
  8. Alpha numeric combinations
  9. Brand
  10. Logo
  11. Device
  12.  Scheme of colours applied to goods
  13. Shape of goods
  14. Heading
  15. Label
  16. Packaging
  17. Pictorial representation of common objects like animals, birds, or other things
  18. Ticket

 

CHARACTERISTICS OF A  MARK

  1. Indication of origin – a trade mark should be indicative of the source of origin of the respective goods i.e. be able to indicate the manufacturer of trader.
  2. Distinctive – a trade mark should not refer to the kind, quality, nature, characteristics, geographical origin of the respect goods and hence be distinctive in nature.

BENEFITS OF REGISTRATIONS

Registration of trade marks is not mandatory under the Trade Marks Act, 1999. However, it is advisable because:

  1. Exclusive right to use the trade mark in relation to the goods or services in respect of which the trade mark is registered.
  2. The right to obtain relief in respect of infringement of the trade mark in the manner provided in the Trade Mark Act, 1999.
  3. Trade Mark Registration is a prima-facie proof of proprietorship in the Court of Law.

TERM OF REGISTRATION

1. Once Registration is granted it is valid for ten years from the date of filing the application. However, the rights in a mark accrue from the date of actual commercial use, or the date of application which ever is earlier.

2. After the expiry of the first ten years the registration may be renewed periodically (10 yrs each).

 

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