A mark as per Section 2(m) of the Indian Trademarks law, includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof.
A trademark as per Section 2(zb) means “a mark capable of being represented graphically and which is 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:”
So a mark, generally put, could be anything from a logo to a name to even shape of goods or combinations and as long as it is capable of distinguishing the goods/services of the applicant in question, it is a trademark.
For Example:
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.
Next: Types of Trademarks