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Name says it all - THE TRADEMARK

Whats in a name??????????? 
As we all have a name to be called, identified, so is with the products and services, and for that product, rather a simple name or mark or logo or symbol is enough to act as an indication of source. While learning Trademark as a subject in my masters we had a whole picture of what and how trademark helps business and in other commercial areas theoretically. But when an application is to be filed to register a trademark it is entirely different from that of theoretical knowledge. 

What is a Trademark?
A mark used in course of trade is known as Trademark. The Trademark Act gives an exclusive right to the mark owner and has the right to sue the infringers for using similar mark or using a confusingly similar mark  which creates confusion in the mind of the public. Trademark registration is not mandatory perhaps, if it is registered the mark owner has the right to file an infringement suit and if the mark is not registered then the mark owner can file a passing off suit. There is a common law remedy and remedy under Trademarks law. It's better to register the mark under Trademarks Registry for more protection.

What is the use or role of a Trademark?
Trademark is an protection available for the marks which helps to identify a particular source of Goods or services. For eg. when I say Apple, we are reminded with the ipad, iphone and various other products instead of reminding the Apple Fruit. Thats the power of brand and that brands are protected by the Trademark Laws. In fact, the Trademark helps to find or identify the source or origin of goods or services among other brands or goods or services.

Laws available in India with respect to Trademarks -
In India we have The Trade Marks Act, 1999 and its rules prescribed under The Trade Marks Rules, 2002 with Four Schedules. 

The next post will be about trademark filing process. 

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