A trademark is a part of Intellectual Property Right. A trademark incorporates any word, name, symbol, or device, or any combination, utilized, or planned to be utilized, in commerce to recognize and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to demonstrate the source of the goods. Trademark is a mark or symbol which is capable of recognizing the goods or services of one from those of others.

Owner of Trademark:

Trademark gives protection to the owner of the mark by assuring the exclusive rights to use in to distinguish the goods or services or authorize another to utilize in return of payment. It works as a weapon in the hand of an enlisted owner or registered proprietor of the mark to prevent different traders from unlawful utilization of the mark of the registered owner. Under section 28 of the Act, the registration of a trademark will provide to the registered owner of the trademark, the exclusive right to the utilization of the mark according to the goods in regard of which the mark is registered and to get help in regard of the trademark as provided under the Act. The owner of a trademark has a privilege to file a suit for infringement of his right and obtain:

1. Injunction,
2. Damages,
3. Account of profits

Registration of Trademark:

According to section 18 (1) of the Trademark Act, 1999, any individual claiming to be the owner of a trademark utilized or proposed to be utilized by him may apply writing in hard copy in an endorsed way for registration. The application must contain the name of the mark, goods and services, class in which goods and services fall, name and address of the applicant, period of use of the mark.

Any Person means a Partnership firm, an association of persons, an organization, regardless of incorporated or not, a Trust, Central or State government.

Steps for registration of trademark-

1. Search for the name, device, logo, and mark planned to be applied as a trademark.
2. To apply for registration of a trademark.
3. Assessment of application by the registry. Assessment report provided by the registry raising objections under various sections of the Trademark Act, 1999.
4. Replying to the official objections and whenever required, ask for a hearing. There is a need to file evidence in support of the trademark application by the applicant.
5. Advertisement of the trademark in official gazette/trademark journal with the goal of opposition filed by the public within 3 months from the date of publication.
6. If no restriction is provided, a certificate of registration is issued for a candidate. The validity period of the registration certificate is for ten years and after that, the same can be renewed subject to the payment of renewal fees.