What is TRADEMARK ? Here's A Simple Plain English Answer

What is a Trademark?

A trademark is a visual symbol, capable of being represented graphically with all the categories of mark includes an insignia, phrase, series of words, device, brand, heading, label, ticket, name, signature, word, letter, sound, 3d (3 dimensional),  numeral, shape of goods, packaging or combination of colours or any combination thereof used by a business owner's or entrepreneur's to distinguish its goods or services from other's similar goods or services. Although trademarks used to identify services are usually called service marks. Trademarks can protected under Intellectual Property Registry in India.

1. The selected mark should be capable of being represented graphically (that is in the paper form).

1. It should be capable of distinguishing the goods or services of one undertaking from those of others.

1. It should be used or proposed to be used mark 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 and some person have the right to use the mark with or without identity of that person.