“A Trade Mark is generally a visually perceptible sign used in relation to goods and services. The primary purpose of a Trade Mark distinguishes a particular product from another product.” – as per the Eight Report on the Trade Marks Bill, 1993, The Parliamentary Committee. A Trademark, therefore, can be a word or a logo or a device mark. It basically indicates the kind of services or goods provided to the consumer.
The primary purpose of a Trade Mark is to identify the commercial or trade origins of the goods or services. As such, it distinguishes a particular product/ Services from another. It provides a hint that a consumer is buy or providing particular services/ goods with particular quality, composition etc.
REGISTRATION:
The registration of Trademark provides an extra shield of safety against the person/ firm/ company/ organization who might be using it in order to gain from the goodwill earned by the owner of the registered trademark, However the registration of Trademark is not mandatory as of now.
For registration of any trademark, the following conditions must be fulfilled:
- It must be distinctive
- It should not cause any confusion or deception.
- It should not contain scandalous or obscene matter.
- It must be not be illegal, and should contain any matter which may hurt religious susceptibility of any class or section of the people.
- It should not consist of generic words or should not suggest particular services/ goods under the class in which it is going to be registered.
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