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A Trade mark is a mark used or proposed to be used for or in connection with goods or
services to discriminate such goods or services from other goods or services. A Mark can
any brand, heading, text, word, sign letter, numeral, slogan, shape, base line, color or
combination of any of these.
Following marks can be registered under the Indian Trade mark law:-
Names
Invented / Coined Words
Numerals
Letters
Devices
Slogans
Signature
3D Mark
Combination of colors
Shape of goods
Sound
Smell Marks
To register the mark as a Trade mark, the mark must meet the following requirements:
It must be distinctive and not descriptive in respect of its goods and services.
It must not be indistinguishable or similar to a mark previously registered or any
pending prior application for registration
It must not be prohibited by the Trade Marks Act
The Trade marks which are not registrable in India are those which lack distinctiveness, and
which are likely to cause deception or confusion in the mind of the public/ consumer
Besides the above, other marks which are not registrable as trade marks in India are as
follow:
Trade marks that are likely to hurt religious sentiments of any community;
Trade marks the use of which is prohibited under the Emblems and Names
(Prevention of Improper Use) Act, 1950, e.g. the Red Cross, the National Emblem
etc.
ASHOK CHAKRA, DHARMA CHAKRA
Trade marks for the shape of goods which is purely functional or necessary to obtain
technical result or which gives substantial value to the goods.