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A Trade Mark is a distinctive sign, which identifies certain products, goods or services as those are produced or provided by a particular company or firm or person. Origin of Trade Marks goes back to ancient times, when craftsmen used to put their signatures or particular marks on their artistic or other products. With the passage of time these marks were developed into present days Trade marks protection and registration process. Law of Trade Marks was formalized with the process of registration which gave exclusivity to Traders right to deal in goods using a symbol or mark of some sort to distinguish his goods or services from similar goods or services sold by other traders.
Trader Mark is exclusive property of its producer and Trade mark has always been considered a vital and inseparable part of the goodwill of the business. Trade mark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services or to authorize another to use it in return of payment. The period of protection of Trade Mark varies, but a trade mark can be renewed indefinitely beyond the time limit on the payment of additional fees. So In brief, Trade mark enables its owner to differentiate their products and services from others, are a marketing tool as brand and at the same time Trade mark helps consumers to identify and distinguish different products and services. |
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Trade Marks may consists of word, or a combination of words, letters and abbreviations or numerals or particular names or abbreviations of names or drawings or logo or three dimensional signs such as shape and packing of goods or they may consist of single colour or combination of colours or even non visible signs such as music and fragrance. In each and every case Trade Mark should be distinctive and it must be capable of distinguishing the goods or services for which it is used. An application for registration of Trade mark in India is to be made as per provisions of section 18 of The Trade marks Act, 1999 with the registrar of Trade Marks at National or regional Trade Mark offices. The application must contain a clear reproduction of the mark filed for registration, including any colours, forms or three dimensional feature etc alongwith the list of goods or services to which the sign would apply alongwith requisite fee. The basic rationale for protecting trade marks, whether through registration or not is two fold. First, it provides business people with a remedy against unfair trade practices of competitors, which aims at causing confusion in consumers minds and second rationale flows from first namely to protect consumers from those unfair and misleading business practices.
For any further enquiry on Trade Marks please contact 094789-62060. |
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