Trade Mark means a mark capable of being represented graphically and by which a person can distinguish the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours.

In order to get a Trade Mark in force / legally recognised, one has to get the Trade Mark registered under the Trade Marks Act 1999.

A Trade Mark registration is valid for a period of 10 years but may be renewed from time to time.

Benefits of Registration of Trade Mark:

• It gives exclusive right to the Registered Proprietor / Owner of the Trade Mark the exclusive right to the use of such Trade Mark in relation to the goods or services in respect of which the Trade Mark is registered.
• It helps the Registered Proprietor to obtain relief in respect of infringement of the Trade Mark.
• No person whose Trade Mark is not registered can institute any proceeding to prevent or to recover damages for the infringement or violation of his/her unregistered Trade Mark.
• Assing the Trade Mark to a third person for using the Trade Mark for profit and getting royalty/licence fee from such usage.
• In case of an infringement of the Trade Mark, the Proprietor need not establish that the Trade Mark is valid. Registration itself gives validity to the Trade Mark in the suit before the civil court. He/she can directly file a Civil Suit for,

1. 1. 1. Injunction from further infringement and unauthorised usage of Trade Mark, and
      2. Recovery of Damages caused due to such infringement.

Section 18 of the Trade Marks Act provides that any person claiming to be the proprietor of Trade Mark used or proposed to be used by him may make an application in the prescribed form accompanied by prescribed fee to the Registrar of Trade Marks for registration of the same.