Trademark law explained: A Guide to Protecting Brand Rights

Understanding Trademarks

In today’s world of business, every company wants to stand out from the crowd. One of the most powerful ways to do this is through a trademark — a unique visual symbol that helps people recognize the goods or services of one business from those of another. Whether it’s a symbol, name, or a logo, a trademark plays a key role in creating the identity of the brand.

Trademarks are not just about looks — they help companies build trust with customers. When people see a familiar trademark, they often connect it with the quality, price, durability, or service they expect from that brand. This is why trademarks are considered one of the most valuable assets a company can have. Over time, the idea of trademarks has expanded. Not only names and logos, but even smells and sounds can act as trademarks.

Objective of Trademark

The trademark law primarily serves two important purposes:

• It protects the public from confusion and deception by identifying the source or origin of particular products as distinguished from other similar products.
• It protects the trademark owner’s trade and business as well as the goodwill attached to their trademark.

By safeguarding brand names and logos, trademark law also helps to maintain the quality and reputation that a business has built over time, ensuring that customers are not tricked into buying fake or inferior products.

Meaning and Definition of Trademark

A trademark is basically a special sign, symbol, logo, or word that helps people identify and recognize the products or services of a particular company or person. It’s like a name tag for a brand that makes it stand out from others in the market.

In simple words, a trademark is something that tells you where a product or service is coming from and protects the brand’s identity so that no one else can copy or misuse it. It builds trust among customers and helps businesses maintain their reputation.

According to Section 2(1)(zb), a “trademark” means:

A mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging, and combination of colors.

A trademark in India is protected under The Trademark Act, 1999 and common law.

Types of Trademark

1. Product Mark: Used to identify products or goods. Registered under classes 1 to 34 of the Trade Mark Rules, 2002.
2. Service Mark: Identifies services and distinguishes the proprietors from owners of other services.
3. Word Mark: Protects only the word or text. No focus on visual design. Offers the widest protection.
4. Sound Mark: Protects unique sounds associated with a product or service. Helps strengthen brand identity.
5. Shape Mark: Protects the unique shape or design of a product. Helps products stand out in the market.
6. Collective Mark: Distinguishes goods or services of members of an association from others. Not a partnership.

Functions of Trademark

• Helps people identify the origin of a product or service and sets it apart from others.
• Shows that all products carrying the same mark come from the same source.
• Suggests consistent quality across all products under the same mark.
• Acts as a powerful tool for advertising and selling products or services.

How to Register a Trademark in India

Registration of Trademark

A trademark is an important intellectual property for businesses of all kinds in India. Types of trademarks you can register include word marks, service marks, collective marks, and certification marks.

To register, follow the procedure laid down by the Trademark Office of India. First, understand who is eligible to register a trademark.

Who Can Register a Trademark in India

According to Section 18(1) of the Act, anyone who claims ownership of a trademark can apply. Eligible applicants include:

• Individuals
• Association of persons
• Companies or corporate bodies
• Trusts
• Sole proprietors
• Societies
• Partnership firms

Where to Register a Trademark

In India, trademark applications are managed by the Office of the Controller General of Patents, Designs and Trademarks, located in major cities like Mumbai, Delhi, and Kolkata. You can:

• Apply online via the official website of the Controller General of Patents, Designs, and Trademarks
• Or apply offline at the jurisdictional trademark office

Application for Registration

Section 18 of the Act explains how to register a trademark. As per subsection (1), anyone who wants to claim a trademark can file an application with the registrar in the prescribed manner. A single application can cover multiple classes of goods or services.

However, according to subsection (2), different fees apply for each category. Subsection (4) states that the registrar has the authority to accept or reject the application, subject to rules and conditions.

Infringement

Trademark infringement occurs when someone, who isn’t the rightful owner, uses the same or a confusingly similar trademark without permission. The rightful owner can take legal action, but only registered trademarks are protected under infringement laws.

Common scenarios include:

1. Using a similar mark for the same or similar goods/services, causing confusion.
2. Using an identical mark for identical goods/services, likely causing public confusion.

Infringement cases must be filed before the district court having jurisdiction.

Offences and Penalties for Trademark Infringement

Civil Remedies

• Temporary injunction
• Permanent injunction
• Damages
• Destruction of infringing goods
• Cost of legal proceedings

Criminal Remedies

• Imprisonment: Not less than 6 months and up to 3 years
• Fine: Not less than ₹50,000 and up to ₹2 lakh

Passing Off

Though not defined in the Trade Marks Act, 1999, Section 27 recognizes the common law right to take action against passing off. Passing off is when someone falsely represents their goods/services as those of another, misusing the goodwill attached to them.

In Cadila Healthcare Ltd v. Cadila Pharmaceuticals Ltd (2001), the Supreme Court described passing off as unfair commercial competition. To succeed in a passing off claim, the following must be proven:

1. There must be misrepresentation
2. The defendant acted in the course of business
3. The goods/services of the plaintiff were misrepresented
4. Intent to damage the plaintiff’s business or reputation
5. Real harm was caused to the plaintiff’s business or reputation

Conclusion

In simple words, a trademark is like a name tag for a product or service. It tells people who made it and who owns it. This helps differentiate products and provides legal protection to the brand. Trademarks build trust and loyalty among customers.

While trademark laws may vary by country, the core idea is the same globally — to help identify genuine products and prevent misuse. That’s why international agreements exist to ensure trademark protection across borders.