A trademark is any
- word (PEPSI, COCO COLA, PEPSODENT),
- name (RAYMOND VEIL, CHRISTIAN LOUBOUTIN),
- surname (TATA, BATA, BAJAJ),
- signature (LOUIS PHILIPPE),
- letters (BMW, IBM, HDFC),
- numeral (555, 501),
- symbol (MERCEDES BENZ THREE POINTED STAR, ADDIDAS PYRAMID),
- device (AMUL GIRL, PILLSBURY BOY),
- color scheme (PIZZA HUT, DOMINOS),
- packaging (CADBURY’S),
- shape of goods (COCO COLA BOTTLE)
- or any combination thereof that identifies and distinguishes the source of the goods of one party from those of others.
When the mark is used in respect of services then the mark is also commonly referred to as Service Mark. Ex: DHL, HILTON, INFOSYS are service marks. However, since the distinction between goods and services are not always clear, the term trademark is often used to include service marks as well.
Raja Selvam
Founder & Managing Attorney, Selvam & Selvam | Practice areas include Trademarks, Patents, Domain names & Business law. Visiting faculty, Department of Journalism, Madras University where I teach copyrights & trademarks law. Passionate about entrepreneurship, start-ups, stocks, farming, technology and law.
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