What is Trademark

• “Trademark” means any visible sign capable of distinguishing goods or services of one person from those of other persons; it includes words, designs, letters, numerals, colours or the shape of goods or their packaging or the combinations thereof.

Advantages of Trademark Registration

• There are a number of significant advantages in registering your trademarks including:-
• The exclusive right to use your trade mark in relation to the goods/services covered by the registration throughout the country covered by registration
• The ability to prevent the use or registration of the same or any confusingly similar trade mark for the same or any confusingly similar goods or services + the prevention of infringement of a trade mark is easier, less time consuming and less costly in cases where a registered trade mark is held as opposed to proceedings based on unregistered rights.
• Registration allows for the effective appointment and control of licensees and franchisees. Trade mark registration in one country can assist trade mark registration in other countries.

Trademarks Eligible for Registration

• Any trademark that is capable of clearly distinguishing goods or services of a person from those of other persons shall be eligible for registration.
  A trademark may be registered in black-and white or color. A trademark, which is registered in black-and-white, shall be protected in all color combinations; a trademark, which is registered in color, shall only be protected in the color combination in which it is registered. A trademark eligible for registration may include elements which are not subject to protection unless they decrease the distinctive character of the trademark or infringe the rights of other persons.

Non-eligible Trademarks for Registration

• A trademark which consists of sound or smell. And that is incapable of distinguishing the goods or services of one person from those of other persons
• A trademark that is contrary to public order or morality
• A trademark consisting exclusively of sings or indications which designate the kind, quality, quantity, intended purpose, value, geographical origin of goods or services, the time of production of the goods or rendering of the services, or other characteristics of the goods or services:
• A trademark consisting exclusively of a shape which results from the nature of the good itself or that is necessary to obtain a technical result of the good or that gives substantial value to the good
• A trademark that is likely to mislead the public or the business community, in particular as regards the geographical origin of the goods or services concerned, or their nature or characteristics