Section 2 (zb) of the Trade Marks Act, 1999, "trade mark means a mark capable of being represented graphically and which is capable of identifying the goods or services of one person from those of others and may include the shape of goods, their packaging and combination of colors." A marker can include a device, brand, heading, label, tag, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors or any such combinations.

A trademark can be a name, word, slogan, design, symbol or other unique device that identifies a product or organization.

Trademarks are valuable business assets, as a valid trademark right will enable its owner to prevent others from copying or otherwise taking advantage of the goodwill in the owner’s brand or company name. In cases of copying or infringement, unregistered trademarks offer limited protection, which is why it is generally recommended to registertrademark rights at the relevant national or regional trademark office. A registered trademark needs to be renewed at regular periods (generally every 10 years) to keep it in force.

Words and pictures are the most common forms of trademark, but other distinguishing signs can be registered, so long as they are capable of being represented graphically.

Statutory protection of trademark is administered by the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion (DIPP), under the Ministry of Commerce and Industry.


A Registered Trademark gives the privilege of maintaining the good will that has been earned in the industry. No other companies can adulterate when your firm has a registered trademark. People will be sued when they indulge in the act of adulteration in terms of using your company's name or products and exploiting them. A branded tag is created when a product or the product's company is registered. The branded tag ensures people a sense of security regarding the usage of the product and hence that would also make them to re-use the same products again and again which in turn would escalate your business in the market. You will also have the power to transfer the registered trademark to others when needed.

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