Indian Trademark Info by Abhishek
in Law / Trademarks (submitted 2010-11-15)
What is a trademark?
A Trade Mark is a visual symbol in the form of a word, a device, or a label applied to articles of commerce with a view to indicate to the purchasing public that is a good manufactured or otherwise dealt in by a particular person as distinguished from similar goods dealt or manufacture by other persons.
Object of Trademark
IS to deal with the precise nature of the rights which a person can acquire of a TM-The mode of acquisition of such right the method of transfer of those to rights to others the precise nature of infringement of such rights and the remedies available in respect thereof.
Functions of a Trademark
1. It identifies the product of its origin
2. It guaranties its unchanged quality
3. It advertises the products &
4. It creates an image for products.
What is a good Trademark
1. It should be easy to pronounce and remember if it is word mark
2. In case of a device mark should be capable of being described by a single word.
3. It was be easy to spell correctly and write legibly
4. It should not be descriptive
5. It should be short
6. It should appeal to the eye as well as the ear.
7. It should not belong to the class of marks prohibited for registration
8. It should satisfy the requirements of registration.
Trademark is Like Human Being
A Trademark is much like that of a human being because the life of a trademark may be correlated to the life of a human being.
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