As of late, the field of intellectual property has seen immense
improvement, particularly with respect to trademarks. The Agreement
on Trade-Related Aspects of Intellectual Property Rights
("TRIPS") perceives different sorts of
trademarks. India has additionally rolled out vital improvements in
its laws to follow the arrangements of the TRIPS agreement.
A trademark according to S.2(1)(zb) of the Trademarks Act 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." From a cursory reading of the same, it
can be seen that the definition is quite open ended. Any mark, be
it a word, device, brand, heading, letter, numeral etc if capable
of distinguishing goods and services of one person from that of
another, can be registered as a trademark. Although the entire
aforementioned find place in the definition