Tuesday, July 19, 2011

What is a Trademark

A ‘Trademark’ means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others. It also denotes the origin of goods and carries goodwill of the business in respect of which it is used.
What is a Mark:
A ‘Mark’ includes a device, brand, heading, label, ticket, name (including abbreviations), signature, word, letter, numerals, shape of goods, packaging or combination of colours and any combination thereof. India allows registration in respect of goods as well as service marks, shape of goods, packaging or combination of colours.

Further a single multiclass application can be filed in India in respect of all the international classes.

Trademark law in India
Indian Trademark Law has been codified in conformity with the International Trademark Law and is about to undergo an amendment to be at par International Trademark Law. India has also signed Madrid Protocol that will allow Foreign Applicants to file an International Application designating India (once notification is issued in this regard).

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