Trade Mark means a mark adopted by a trader, manufacturer or service provider as a distinctive mark of authenticity. It indicates a connection between the goods or services to which the mark is applied and some persons having the right to use the mark. It offers an assurance to the buyers as to the source of origin of goods that they are buying.
The mark may include a device, brand, heading, label, ticket, name or an abbreviation of a name, signature, word, letter, numeral, shape, packaging or combination of colours or any combination thereof used in relation to goods or services. It must be capable of being represented graphically and capable of distinguishing the goods or services of one person from those of others so as to indicate the source of the origin of goods or services.
The Provisions that govern trademark laws in India, are covered under the Trade Mark Act, 1999 and Trade Mark Rules, 2002
A trademark has a perpetual time period subject to its renewal from time to time.
The initial term of registration of a trademark is 10 years after which it is to be renewed for a further period of 10 years upon the payment of the prescribed fee for renewal.
