Trade Mark
Trade Mark
- The Trade Marks Act, 1999 defines “trade mark” 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 etc.
- The primary purpose of a trade mark is to identify and differentiate one person's services or commodities from those of another. A trade mark can be a brand name in the form of a single word or a phrase, or a logo, an image, or a symbol, etc.
- The test for the registration of trade mark is twofold: it should be distinctive; and it should not be identical or similar to an earlier trade mark.
- India is a member of the Madrid Protocol which enables right holders to protect their trade marks in multiple countries through a single application.
- Although registration of a trade mark is not mandatory, and the law gives primacy to the use of a trade mark over its registration, we recommend our clients to get their trade marks registered under the appropriate classes of goods and services to claim a higher degree of protection under law.
- We provide a range of services necessary for the protection of a trademark, beginning from pre-registration consultancy to the registration of a mark (along with all the associated proceedings and hearings before the Registrar) to any litigation in a court of law. We also handle requisite proceedings on behalf of our clients against conflicting marks including filing of notice of opposition with the Registrar and injunction suits in a civil court. We also assist our clients in procuring John Doe or Anton Piller Orders for protecting their trade marks. We also draft agreements for licensing and assignment of trade marks.
