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Meaning and Definition of Trademark

  • Date Submitted: 01/31/2011 08:14 AM
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MEANING & DEFINITION OF TRADEMARK
A TRADEMARK is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs is used in the course of trade which identifies and distinguishes the source of the goods or services of one enterprise from those of others. It is a visual representation attached to the goods for the purpose of indicating their trade origin.
Definition of Trademark
According to The Trade Mark Act 1999, Trademark is defined as under-
Section 2(1)(zb)- "Trade mark" 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 shape of goods, their packaging and combination of colors’; and
In relation to chapter XII, a registered trademark or a mark used 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, as the case may be, and some person have the right as proprietor to use the mark; and
In relation to the other provisions of this act, a mark used or proposed to be used m 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, as the case may be, and some person having the right, either as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark.
Under Trademark Act 1999, Mark is also defined as under:-
Section 2(1)(m)- "Mark" includes a device, brand, heading, label, ticket, name, signature, word, letter, shape of goods, packaging or combination of colors’ or any combination thereof.
So trademark is defined as 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...

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