Though they may include the same word, the two concepts-
Trademarks and Trade Secrets- are not alike at all. It is true that
both are valuable assets that give your business an edge against
rivals in the market. However, their scope of application covers
totally different areas. This article analyses the meaning of the
concepts, the law regarding them and studies Coca-Cola to better
understand the distinction.
1. Trademarks
In India, trademarks are given protection under the Trademarks Act, 1999. Trademark has been
defined under section 2 (zb) of the Act 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 shape
of goods, their packaging and combination of colours."In
simple terms, it includes any colours, symbols, graphic, letters,
shapes etc. that give the product a unique identity. There are
various classes of goods under which trademarks can be
