Introduction to Trademarks:

A Trademark could be a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs as used in the course of trade, which identifies and distinguishes the source of goods of one enterprise from those of the others. Trademarks are further categorised as either Word Marks or Logo Marks and in some jurisdictions as combination marks and mixed marks.

A Service mark is the same as a trademark except, it identifies and distinguishes the source of a service rather than a product. Normally, a trademark for goods appears on the products or on its packaging, while a service mark appears in advertising for the services or on products indicating that service.  

Trademark acts as the 'face' of a business. Just the same way as everyone aspires to put their best face (and feet) forward, it is essential as well as important that businesses choose their trademark carefully and wisely.

Trademarks play the following roles as:

• Indicators of Origin – Trademarks are reliant and relevant indicators of where products and services originate from, so, consumers and customers know the exact source of origin.
• Proclaimers of Quality – Trademarks act as stamps of guarantee, that of always consistently delivering goods and services bearing the hallmark of quality that consumers and customers come to associate the business with, each and every time the approach the business.
• Influencers and Crowd Pullers – A creative trademark is a definite influence in attracting, pulling and retaining crowds thereby converting them into potential consumers and customers. An appealing trademark can be a hit across international borders embodying novelty that the general public would aspire to own, cherish and even flaunt.

Trademarks and Brands:

Trademarks and Brands are used interchangeable in every usage as synonyms. However, trademarks usually carry a legal connotation whereas a brand is a broad way of expressing and identifying a trademark or make, type of a product. Also, though a business registers a particular trademark for its company, it could choose a brand under which to market a particular product or line of products and services.

Need for Trademark Protection:

Trademarks form a crucial part of the intellectual property rights portfolio of any business. Since trademarks are non-extinguishable if renewed and used properly, trademarks can be used in perpetuity. In fact, trademarks are the Only kind of intellectual property that can be last and sustain forever. Trademarks can create and propagate a rich legacy of the business. Some of the well known and recognised, trusted and loved trademarks and brands have indeed achieved such iconic status so as to have withstood the vagaries of time thereby creating history by being around for centuries.

International Trademark Protection:

The following Treaties, Agreements and Protocols have played a crucial role towards the ensuring trademarks are protection internationally:

1. Paris Convention for the protection of Industrial Property.
2. Trademark Law Treaty.
3. Singapore Treaty on the Law of Trademarks.
4. Nairobi Treaty on the Protection of the Olympic Symbol.
5. Madrid Agreement pertaining to the International Registration of Marks.
6. Protocol relating to the Madrid Agreement.
7. Nice Agreement Concerning the International Classification of Goods and Services for the purposes of registration of marks.
8. Vienna Agreement establishing an International Classification of the Figurative Elements of Marks
9. CTM - Community Trade Marks- Europe.
10. BENELUX Treaty – Belgium, Netherlands, Luxembourg.
11. ANDEAN Pact – South America – Bolivia, Colombia, Ecuador, Peru.
12. OAPI and ARIPO – African Countries.

Applying for registration of Trademarks:

Following can file for registration of trademarks as Applicants:

• True Owner of the trademark.
• Natural persons individually or jointly.
• Legal entities such as proprietorship concerns, partnership firms, companies and corporations.

Signs registrable as Trademarks:

Following signs are registrable as Trademarks:

• Distinctive
• Non-Descriptive and Non-Laudatory
• Non - generic
• Not Similar or Identical to Prior Trademarks
• Not causing Confusion or Misleading the public
• Not Offensive and Violating Morality along with the Law of the Land
• Not inclusive of Official Insignia such as Emblems, Flags, Portraits, Olympic Symbol and Seals