Understanding Trademarks

TRADEMARKS

Section 2(1)(m) says that "Mark" includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof".

Section 2 (zb) of the Trademarks Act, 1999 defines "Trademarks" 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 colors and -"

• In layman's language a trade mark is popularly known as brand name. It is a visual symbol which may be a word, signature, name, device, label, numerals or combination of colors.