Trademark Infringement Penalties in India - Part 1 Introduction A mark used in the course of trade is known as Trademark. Trademark is nothing but a sign or a mark serving some purpose for its owner. The Trademarks Act, 1999 defines mark under Sec.2(1) (m)) which includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof. The paramount function of a trademark is to differentiate or distinguish goods or services. It is used to distinguish goods or services of one trader from those of others. Trademark means a mark capable of being represented graphically and which is capable of distinguishing the good or services of one person from those of others and may include shape of goods, their packaging and combination of colours and the same is defined under Sec. 2 ((1) (zb)). Trademarks identify the source of goods, while service marks identify the source of services. The Trademark