A trade
mark (popularly known as brand name) in laymans language is a
visual symbol
which may be a word signature, name, device,
label, numerals or combination of colours
used by
one undertaking on goods or services or other articles of commerce to
distinguish
it from other similar goods or services originating from a
different undertaking.
The
legal requirements to register a trademark under the Act
are:
- The selected mark should be capable of being represented graphically (that is in the paper form).
- It should be capable of distinguishing the goods or services of one undertaking from those of others.
- It
should be used or proposed to be used mark in relation to goods or
services for the
purpose of indicating or so as to indicate a connection
in the course of trade between the goods or
services and some
person have the right to use the mark with or
without identity of that person.