A trademarkis useful to represent graphically. It is capable of determining the services or goods of one person from those of others. It may contain shape of goods, their packaging and combination of colours.
A markor a registered trademark used in association to goods or services for the reason of indicating or a connection between the goods or servicesin the course of trade.
Mark contains a brand, label, device, heading, shape of goods, ticket, name, word, letter, packaging or combination of colours or any combination thereof.
Essential Requirements of a trademark
A trademark is visual symbol and it is applied in relation to any goods or services to show some kind of trade connection between the goods or services and the person using the mark.
In order to bring it within the scope of the statutory definition. A trademark should satisfy the following essential requirements.
(a) It must be a mark that is a brand, heading, ticket,device, label, name or an abbreviation of a name, word, signature, numeral shape of goodsorletter, combination of coloursor packaging or any combination thereof.
(b) It must be useful for represented graphically.
(c) It must be useful for identifying the services or goods of one person from those of others.
(d) It must be proposed or used to be used in relation to goods or services. The use must be a printed or other visual representation of the mark.
(e) Where such use in relation to goods must be upon, or in any other relation or in any physical whatsoever to the goods.
(f) The use must be for the reasons of showing or so as to indicate a relation in the course of trade between the goods or services.
Function of a trademark in modern business
(1) To identify one sellers goods and distinguish them from goods sold by others.
(2) To refer that all goods bearing the trademark come from or controlled by a single albeit anonymous source.
(3) To refer that all goods bearing the trademark are of an equal level of quality.
(4) As a prime instrument in advertising and selling the goods.
(5) A symbol representing the goodwill of the business in which it is used. It identifies the goodwill.
(6) It creates an image to the business in which it is used.