Before discussing the concept of Trademark, let us first understand what a Trademark is. In general terms, a trademark can be a word, logo, symbol, label, shape, smell and combination of colours etc. and acts as a source indicator and refers to the origin of goods or services. According to Section 2(1)(zb), “trade mark” means a mark which is:
- Capable of being represented graphically; and
- Capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging, and combination of colours, and;
- in relation to Chapter XII (other than section 107), a registered trade mark or a mark used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right as proprietor to use the mark; and
- in relation to other provisions of this Act, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right, either as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark.
When a Trademark is applied, search for similar marks is very important for a smooth grant. You invest a lot in building your brand. Not just money in creating your logo and applying for trademark, but the hours of hard work into promoting your brand, making it recognized and identical to what your business stands for. Before you put this effort, you need to be sure it is in the right path. Once you have put this effort, you need to ensure that a pirate is not reaping the benefits of your efforts.
At Global Intellectual Property (GIP) Research and Analytics, our aim is to let you focus on building the right brand by providing comprehensive TM clearance search and monitoring services.
For more information on Trademark Clearance Search please Contact Us.
