What
is a trademark?
A:
A trademark
(popularly known as brand name) in layman’s language is a visual symbol which
may be a word signature, name, device, label, numerals or combination of
colours used by one undertaking on goods or services or other articles of
commerce to distinguish it from other similar goods or services originating
from a different undertaking. The legal requirements to register a trademark
under the Act are:
The selected
mark should be capable of being represented graphically (that is in the paper
form).
It should be
capable of distinguishing the goods or services of one undertaking from those
of others.
It should be
used or proposed to be used mark in relation to goods or services for the
purpose of indicating or so as to indicate a connection in the course of trade
between the goods or services and some person have the right to use the mark
with or without identity of that person.
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