Trade Mark
A trade mark is a word, phrase, symbol or design, or combination
of words, phrases, symbols or designs used in the course of trade which
identifies and distinguishes the source of the goods or services of one
enterprise from those of others.
The definition of “trade mark” has been enlarged to mean a
mark capable of being represented graphically and which is capable of
distinguishing the goods or services of one person from others and may include
shape of goods, their packing and combination of colours and covers both goods
and services.
“Mark” includes a device, brand, heading, label, ticket,
name, signature, word, letter, number, shape of goods, packaging or combination
of colours or any combination thereof.
Being an inclusive definition it will thus include any mark
within the definition of trade mark so long as the mark is –
-
Capable of being represented graphically; and
-
Capable of distinguishing the goods or services
of one person from those of others.
Service
The new definition of ‘service’ has been included for the
benefit of service-oriented establishments such as banking, communication,
education, finance, insurance, chit funds, real estates, transport, storage,
material treatment, processing, supply of electrical or other energy, boarding,
lodging, entertainment, amusement, construction, repair, conveying of news or
information and advertising.
A service mark is the same as a trade mark except that it
identifies and distinguishes the source of a service rather than a product.
Normally, a mark for goods appears on the product or on its packaging, while a
service mark in advertising for the services.
The definition of “registered trade mark” under Section
2(1)(w) has been modified to mean a trade mark which is actually on the
Register and remaining in force. The renewal of registration of a trade mark
should be made for every ten years instead of seven years under the present
Act
.
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