Trademark

Trademark is defined under Section 2(1) (zb) of the Trade Marks Act 1999. Trademark is a mark that includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof, which is capable of being represented graphically and distinguished good or services of one person from those of others. Trademark and brand names plays a crucial role, as these two act as a source of identity for an entity. Trademark is a marketing tool which increases financing of the business. It may be located on a package, a label, a voucher or on the product itself. For the sake of corporate identity, trademarks are displayed on company buildings as well. Marketing of goods or services by the procedure becomes much easier with a trademark, because recognition of product with the trademark is assured and easier. The owner can prevent the use of his mark by any other competitor. There are some symbols which is associated with trademark like: ™ (the Trademark symbol) and ® (the registered Trademark symbol) that represent the status of a mark and accordingly its level of protection. While ™ can be used with any common law usage of a mark, ® can only be used by the owner of a mark following registration from the relevant national authority.