A “Trade Mark” is 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 a word, phrase, symbol or design, or combination of words, phrases, symbols or designs.
In India, The Trade Marks Act, 1999 governs this and the law encourages registration of Trade Marks, as registration confers on the owner an exclusive right to use the mark. According to the Act, any word, title, symbol, heading, label, slogan, Punch Line, name, signature, numeral or any combination thereof which is used to describe any product better can be registered as a Trademark.
A Trademark protects a company’s Name / Brand Name from being used in the same or similar fashion, by any other business firm, thus discouraging others from cashing on its well built goodwill. It gives a company’s products a status of ‘Branded Goods’ and also the exclusive right to the use of the trade mark in relation to the goods or services in respect of which the trade mark is registered. A TM owner also has the power to assign (transfer) the trade mark to others for consideration.
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