What is a trademark?

Trademarks are words, names, symbols, brands, devices, headings, labels, tickets, signatures, letters or numerals or any combination thereof, used or proposed to be used by manufacturers of goods to identify and to distinguish their goods from goods manufactured and sold by others. A person who sells his goods under a particular trademark acquires a sort of limited exclusive right to use the mark in relation to those goods.

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What are the benefits of trademark registration?

Trademark registration protects the goodwill of a business and also helps to identify and distinguish the source of the goods or services of one party from those of others. Trademark registration is an evidence of ownership of the trademark and also constructive notice nationwide are issued of the trademark owner's claim. Trademark registration in India can also be used as a basis for obtaining registration in foreign countries.

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Who can file an application for trademark registration?

The application must be filed in the name of the owner of the trademark; usually an individual, corporation or partnership. Generally, the person who uses or controls the use of the mark, and controls the nature and quality of the goods to which it is affixed, or the services for which it is used, is the owner of the mark.

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What trademarks can be registered?

A trade mark which consists of at least one of the following essential particulars :
the name of a company, individual or firm represented in a particular or special manner; the signature of the applicant for registration; one or more invented words; one or more words having no direct reference to the character or quality of the goods and not being according to its ordinary signification a geographical name or a surname or a personal name or any common abbreviation thereof or the name of a sect, caste or tribe in India; any other distinctive trade mark; a trade mark which has acquired distinctiveness by use over a prolonged period of time, may be registered.

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What trademarks may not be registered?

Trademark which is identical to or deceptively similar to a trademark which is already registered or has already been applied for in the name of a different proprietor in respect of the same goods or description of goods, may not be registered. Also trademark the use of which would be likely to deceive or cause confusion; the use of which would be contrary to any law in force;