Trademarks In the present market scenario, the choice of the consumer for any particular good is highly influenced

by ‘brands’. The brand is recognised by a consumer as an indication of quality, style etc and of course by merely seeing at the brand name, or symbol or logo the consumer can identify that the product is produced by a particular company. Now in such circumstances it is unfair to the consumers and to the producers of particular brands that another producer distributes his products using his trade mark. In such case the consumer will be deceived and at the same time there will be a loss to the original producer. In order to protect the interests of the consumers and producers the trademarks come into picture. If a trademark is registered by any person in relation to a particular category of goods and services, that same trademark cannot be used by any other person without his authorisation. For ex- the symbol of a tick mark in white is associated with Nike. Nike has the trademark of the symbol any other person cannot use same symbol for similar category of goods. A trademark is thus any visual symbol, which includes a device, brand, heading, label, signature, word, letter, numeral, shape of goods, combination of colours etc. applied to any article and on the basis of such mark the consumer is able to identify that such goods/services comes from particular person. The trademarks are protected under the Trademarks Act, 1999. Requirements of a Trademark a. It is to be capable of being graphically represented b. It should be such that on basis of trademark the consumer is able to differentiate between the goods/services of one producer from that of another, i.e. to say that it should be ‘distinctive’. c. It must be used/proposed to be used in relation to specific class of goods and services Rights (Benefits) conferred by Trademark a. Exclusive right to use the trademark in relation to a particular class of goods and services. In case the trademark is registered, the remedy is provided not only in respect of those goods for which trademark is registered but also in case of similar goods. Moreover case can also be filed if another person uses the trademark which is not same but deceptively similar (for ex- colgate & colmate). b. Right to transfer the trademark in form of license or assignment (ownership transfer)