TRADE MARKS

1.  Word – invented or dictionary 

2.  Letter (s)

3.  Monograms

4.  Name

5.  Signature

6.  Portrait of a person 

7.  Numeral

8.  Alpha numeric combinations

9.  Brand

10. Logo

11. Device

12.  Scheme of colours applied to goods

13. Shape of goods

14. Heading

15. Label

16. Packaging

17. Pictorial representation of common objects like animals, birds, or other things

18. Ticket

19. Combination of the aforementioned.

1.  Indication of origin – a trade mark should be indicative of the source of origin of the respective goods i.e. be able to indicate the manufacturer of trader.

2.  Distinctive – a trade mark should not refer to the kind, quality, nature, characteristics, geographical origin of the respect goods and hence be distinctive in nature.

Trade Marks / Service Marks in India are governed by the Trade Marks Act 1999. The Registering Authority  is the Trade Marks Registry.

1. Exclusive right to use the trade mark in relation to the goods or services in respect of which the trade mark is registered.  

2. The right to obtain relief in respect of infringement of the trade mark in the manner provided in the Trade Mark Act, 1999.  

3. Trade Mark Registration is a prima-facie proof of proprietorship in the Court of Law.  

1. Once Registration is granted it is valid for ten years from the date of filing the application.
2. After the expiry of the first ten years the registration may be renewed periodically (10 yrs each).