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Definition: Trademark

It is an easily recognizable sign/ design or expression which authenticates a product/ service from a particular source from those of others. The owner can be an individual, business organization or a legal entity.

The trade marks registry, which was established in 1940, regulates the Trade Marks Act (1999). It acts as resource/ information centre. It is a facilitator in matters which are relating to trade marks in our country.

The objective of Trade Marks Act (1999) is to register trademarks applied inside the country and to provide better protection of trade mark for goods/services and to prevent fraudulent use of the trademark.


How to register a trademark

Step 1: A trademark application has to be filed before the Registrar of Trade Marks in the office of the trade marks registry.

Step 2: A application has to be filed by the owner of business for use by the owner or the business. It can be filed either in the name of the owner or in the name of the business.

Step 3: While applying the proprietor has to define the class under which he wants his product/ service to be classified. This classification has to be done as per the schedule 4 of the trade mark rules, 2002.

Step 4: Finally, the application fees needs to be paid which is Rs.3500 per trademark.


Hence, this concludes the definition of Trademark along with its overview.


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