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Definition – A trademark is a symbol, word, name, logo, slogan, sound, shape, or combination that distinguishes goods or services of one business from others.
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Law in India – Governed by the Trade Marks Act, 1999 and Trade Marks Rules, 2017.
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Purpose – To protect brand identity, avoid consumer confusion, and secure legal rights against misuse.
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Registration – Not mandatory, but highly recommended. Registered trademarks enjoy stronger protection than unregistered marks.
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Validity – A registered trademark is valid for 10 years and can be renewed indefinitely in blocks of 10 years.
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Types of Marks – Word marks, logos (device marks), taglines, shape marks, sound marks, color marks, certification marks, and collective marks.
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Use Requirement – A trademark must be used in commerce; prolonged non-use (usually 5 years) may lead to cancellation.
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Protection of Unregistered Marks – Even without registration, owners can protect marks through the common law remedy of passing off.
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International Filing – Trademarks are territorial. For global protection, businesses can use the Madrid Protocol system.
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Enforcement – Trademark owners can take legal action for infringement, seek injunctions, damages, and even criminal remedies in cases of counterfeiting.
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Famous Examples – Nike “swoosh” logo, Apple logo, Coca-Cola bottle shape, McDonald’s golden arches.
