A trademark according to the Indian Trademark Act is defined as a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colors. It is identified by the symbols ™ and ®.
A mark includes: Device (refers to the pictorial representation), Brand, Heading, Label, Ticket, Name, Signature, Symbol, Word, Letter, Numeral, and Shape of goods, Packaging, Combination of colors, and any combination thereof.
The object of Trademark Law is to provide for the registration; better protection of Trademarks for goods or services and the prevention of the use of fraudulent marks on goods and services.
Functions of a trade mark:
Under modern business condition a trade mark performs four functions
- 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.
Term of Protection: A Trademark gets protection for a period of 10 years from the date of registration and can be renewed every 10 years consecutively.
Location: The Indian Trademark office is currently located in Mumbai (Head office), New Delhi, Ahmedabad, Chennai, and Kolkata and comes under the purview of Department of Industrial policy and promotions, Ministry of Commerce and Industry.