Trademark in India

Trademark in India 

Trademark in India can be a brand , logo ,sign or mark . Trademark  differentiates the goods or services of the a person from other competitors or business entity . In India , a trademark can be also  a caption , catchy phrase or some tagline .

The law relating to trademark is governed by The Trade Marks Act 1999.Whereas, the procedure for registering the Trademark in India  is governed by Trade Marks Rules 2002.

Definition of Trademark(TM)

Section 2(1)(zb) of The Trade Marks Act, 1999, defines trademark 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 colours”.

Further, Section  2(m) of the act , defines

“mark as including a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof”;