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A trademark is a visual representation attached to goods for the purpose of indicating their trade origin. Trademark as a mark capable of distinguishing the goods or services of one person from those of others.

 A trademark serves the purpose of identifying the source of origin of goods and services. Trade mark perform the following functions:

  • It identifies the product and its origin. For example the trademark ‘Brooke Bond’ identifies tea originating from the company manufacturing tea and marketing it under the mark
  • It guarantees its quality. The quality of tea sold in the packs marked  ‘Brooke Bond’ tea would be similar but different from tea labeled with mark ‘Taj Mahal’
  • It advertises the product
  • It creates an image of the product in the mind of the public particularly consumers or the prospective consumers of the goods/services 

To protect the registered trademark, the following remedies can be resorted:

  • Civil Remedies : When instance of infringement and passing off occur, the court of competent jurisdiction can be moved for grant of interlocutory injunction, damages and account of profits
  • Criminal proceedings : Complaints may be made against the person causing infringement

Administrative Remedies- Opposing the registration of a deceptively similar trademark when the Trade Mark Registry is in the process of considering the grant of a trademark, can protect the trademark. The Registrar can also be moved for removal of a deceptively similar trademark, If registered.


Contact Us:

K.Behari & Associates
Kunj Behari Mahipal
Shekhar Mahipal
(Project Consultants)
CA.Anand Mahipal
(Chartered Accountants)

Address: “DGM Building”
Old Court Road, Near Railway Crossing

Contact Numbers:
Phone: +91(1666)232543, 234565
Mobile: +91-9416-351-167, 9050-902-425