The term trademark indicates a "mark" which distinguish a product from others. A mark can include a brand, heading, device, label, name, signature, word, letter, numeral, ticket, shape of goods, packaging or combination of colors or any such combinations that denotes a specific product and legally differentiates it from all other products of its kind. A trademark denotes that this product belongs to a specific company and shows the company's ownership of the brand. Trademarks are generally considered a form of intellectual property and may or may not be registered.
Trademark is defined under Section 2(zb) of the Trade Mark Act, 1999. A trademark is a word, symbol, phrase, or a letter which can be recognized easily and denotes a specific product
The trademarks never expires. This shows that the holder has the right to the trademark for the life time of the products or services. But there are some exceptions as it is necessary that the user should make continuous use of the trademark to get advantage of trademark laws. So a company or individual should regularly produce, manufacture, market, and sell a product with a particular trademark so that your trademark law remains continuous. This can be done every five years by filing a section 8 declaration through the USPTO. Failure to filling the form can result in the loss of registration.

Trademarks may be bought and sold. Trademarks license can also be given to other companies for an agreed period of time or under some conditions, which can result in crossover brands.
For a product manufacturing company, It is essential to have a trademark because a trademark distinguish your goods and services from those of another manufacturing companies.
Your trademark not only shows your reputation but also reinforces long-term relationships between you and your customers!

The Trademarks Act 1999 defines which marks can be protected by law, as well as outlining your rights as a trademark holder and how to enforce them.

What Trademark is not?

A very common misunderstanding that a trademark is the same thing as a registered business name, registered company name, domain name or even a design. It is not.

You must actively use your trademark in the course of trade. If you do not, it can be removed on the grounds of non-use!

Your trade mark is a part of your identity. It’s the way you show your customers who you are.

It might be your corporate logo, a jingle you use in an advertisement, your business name painted on the side of your truck or your signage or packaging.

A trade mark can also be a:

  • Word (in a plain font or a ‘fancy’ font)
  • Phrase
  • Letter
  • Number
  • Logo
  • Picture
  • Color
  • Aspect of packaging
  • Sound
  • Or combination of the above

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