Trademarkin 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”;
Trademark Registration In India Via TM, SM and ®
The trademark registration in India is denoted by usage of ‘TM’ , “SM” or “®” as applicable .
TM = Trademark
SM = Service Mark
® = Registered Trademark
To know more about trademark in India and how to register trademark in India, please connect on email@example.com
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