What are Trademarks?
What are Trademarks? As per Section 2(m) of the Indian Trademarks law, a mark includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging, or combination of colors or any combination thereof.
A trademark, as per Section 2(zb), means “a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging, and combination of colors:”
So a mark, generally put, could be anything from a logo to a name to even the shape of goods or combinations, and it has to be capable of distinguishing the goods/services of the applicant in question, called a trademark.
For Example:
A trademark is any
- word (PEPSI, COCO COLA, PEPSODENT),
- name (RAYMOND VEIL, CHRISTIAN LOUBOUTIN),
- surname (TATA, BATA, BAJAJ),
- signature (LOUIS PHILIPPE),
- letters (BMW, IBM, HDFC),
- numeral (555, 501),
- symbol (MERCEDES BENZ THREE POINTED STAR, ADDIDAS PYRAMID),
- device (AMUL GIRL, PILLSBURY BOY),
- color scheme (PIZZA HUT, DOMINOS),
- packaging (CADBURY’S),
- the shape of goods (COCO COLA BOTTLE)
- or any combination that identifies and distinguishes the source of the goods of one party from those of others.
When the mark is used in respect of services, then the mark is also commonly referred to as Service Mark. Ex: DHL, HILTON, and INFOSYS are service marks. However, since the distinction between goods and services is only sometimes explicit, the term trademark is often used to include service marks.
There are 45 classes prescribed under the Trademark Act, and every product or service has to be registered under its specific class. Sometimes, the product and the service are applicable simultaneously, so the trademark should be registered in both classes.
For example, A hotel is being run under the name X, and packet-packed food is also being sold under the same name. In that case, trademark registration should be done in both service and manufacturing classes.
Read Meanwhile: How to check trademark Status, Online Trademark Registration in India, What is the Trademark Registration Process
