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A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprisesu201d- WIPO<br>It confers upon the holder, an exclusive right to use a word or device to distinguish his products from those of others.<br>Section 2(1) (zb) of the Trade Marks Act, 1999 defines a trademark as u201ca mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others.<br>More Details:- https://www.biswajitsarkar.com
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Introduction • “A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises”- WIPO • It confers upon the holder, an exclusive right to use a word or device to distinguish his products from those of others. • Section 2(1) (zb) of the Trade Marks Act, 1999 defines a 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.” • Section 2(1)(m) defines a ‘mark’ as “a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof.”
Essentials of a Trademark • It must be a mark. • It must be capable of being represented graphically. • ‘Graphical representation’ - Rule 2(1) (k) of Trademark Rules, 2017 as representation of a trademark for goods or services represented or capable of being represented in paper form and include representation in digitized form. • It must be capable of distinguishing good and services of one person from those of others. • It should be used or proposed to be used mark in relation to goods or services.
Unconventional trademarks • Unconventional trademarks are those trademarks which get recognition for their inherently distinctive feature.
Trademark Registration • Trademark application can be filed under the Chapter III of the Trademark Act,1999. • Statutory protection of trademark rights in India is administered by the Office of the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion, under the Ministry of Commerce and Industry.
Registrability of a Trademark • Once a trademark reaches the examination stage, objections may be raised on two grounds: absolute and relative. The Absolute and Relative grounds for Refusal of a Trademark have been provided under Section 9 and 11 respectively.
