Trade Mark is a “badge” of trade origin. It is used as a marketing tool so that customers can recognize the product or products of a particular trader. To be registered in India it must also be capable of being represented graphically, that is, in words and/or pictures. Trade Mark law protects a trademark owner’s exclusive rights to use the mark, thereby preventing any unlawful use of the mark by an infringer. Trademark prevents any unauthorized use of the mark which shall cause confusion in the minds of the general public. In India, trademarks are protected both under statutory law and common law. The Trade Marks Act, 1999 deals with all aspects of Trademark in India. From filling of registration till grant of license for trademark, it involves a complex process. Also, the proprietor of a trademark would always want to protect his mark from unfair usage and also from fraud and deceit.
• Drafting and filing a Trademark application.
• Licensing and assignment of the trademark.