THE CONCEPT OF “TRADEMARK”
A trademark which is otherwise cited as “mark” can be explained as a unique indicator, symbol, graphic design, word, emblem, colour combination, the shape of packaging or signature, which has a legal recognition that distinguishes a product or service from its competitors. A trademark can be used either by an individual, firm or business entity. Even smell and sound can be trademarked in some cases.
The registration of the trademark is exercised by “Controller General of Patents Designs and trademarks, Ministry of Commerce and Industry”, Government of India and the process is governed by the “Trademark Act 1999”. The registration of the trademark is categorized under different classes which are selected by the applicant. Once the mark is registered the applicant will be allotted with TM number which allows to track your application and also be authorized to use the ™ symbol for the products registered under a particular class and on successful completion of registration® symbol can be used for the product. And the registration will be valid for 10 years which can be renewed thereafter. To ensure a unique and attractive trademark for a business, you must establish a connection between your product and the mark that easily catches the attention but different from other existing trademarks used by competitors.
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