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A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are: •The selected mark should be capable of being represented graphically (that is in the paper form) •It should be capable of distinguishing the goods or services of one undertaking from those of others. • It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person

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If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs. Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it. Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.) It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.

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Under modern business condition a trademark performs four functions: 1. It identifies the goods / or services and its origin. 2. It guarantees its unchanged quality 3. It advertises the goods/services 4. It creates an image for the goods/ services.

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Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark. The application should be in English or Hindi. It should be filed at the appropriate office. The applications can be submitted personally at the Front Office Counter of the respective office or can be sent by post. These can also be filed on line through the e-filing gateway available at the official website.

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No, registration of a Trademark is not mandatory in India but it is advisable to do so.

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A trademark is designated by the following: • ™ (for an unregistered trademark, that is, a mark used to promote or brand goods); • ® (for a registered trademark)

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 Identifies the origin of goods & services.  Advertises goods & services.  Guards the commercial goodwill of a trader.  Protects the innocent public from buying goods of second-rate quality.

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A logo can be protected both under the Trade Marks Act and Copyrights Act. Trademark Registration enables you to obtain protection for the brand name and also provides certain amount of protection to the manner in which the trademark is represented. However, if you need exclusivity for the representation of your trademark or logo, a copyright registration is strongly recommended. Copyright registration does not however offer any protection for the brand name.

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Once the trademark is registered, it is valid for a period of 10 years from the date of application. The registration can then be renewed indefinitely as long as the renewal fees are paid every 10 years.

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Yes as per the Indian trademark Law 3-D marks or Three Dimensional marks can be registered in India.