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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:

  1. 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
  2. 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’
  3. It advertises the product
  4. 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:

  1. 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
  2. Criminal proceedings : Complaints may be made against the person causing infringement
  3. 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

Trademark Acts

Trademark Manual

Trademark Rules

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