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.
Trademark form & Fees