A trademark, trade mark, or trade-mark[1] is a recognizable sign, design or expression which identifies products or services of a particular source from

those of others.[2][3][4][5] The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, alabel, a voucher or on the product itself.

Usage
Trademarks are used to claim exclusive properties of products or services. A trademark may be located on a package, a label, a voucher or on the product itself. The usage of trademarks by its owner can cause legal issues if this usage makes him guilty of false advertising or if the trademark is offensive.[6] Trademarks can be owned, but also licenced. Licences can be bought from trademark owners and brokers such as United Labels.[7] Many suppliers of toys are licensees. Examples:

Bullyland obtained a licence to produce Smurf figurines. The Lego Group purchased a license from Lucasfilm in order to be allowed to launch Lego Star Wars. TT Toys Toys is a manufacturer of licenced ride-on replica cars for children.[8]

The unauthorised usage of trademarks by producing and trading counterfeit consumer goods is known as brand piracy. The owner of a trademark may pursue legal action against trademark infringement. Most countries require formal registration of a trademark as a precondition for pursuing this type of action. The United States, Canada and other countries also recognize common law trademark rights, which means action can be taken to protect an unregistered trademark if it is in

use. Still common law trademarks offer the holder in general less legal protection than registered trademarks. A trademark may be designated by the following symbols:

(the "trademark symbol", which is the letters "TM", for an unregistered trademark, a mark used to promote or brand goods) (which is the letters "SM" in superscript, for an unregistered service mark, a mark used to promote or brand services) (the letter "R" surrounded by a circle, for a registered trademark)

A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements.[9] There is also a range of nonconventional trademarks comprising marks which do not fall into these standard categories, such as those based on color, smell, or sound (like jingles). The term trademark is also used informally to refer to any distinguishing attribute by which an individual is readily identified, such as the well-known characteristics of celebrities. When a trademark is used in relation to services rather than products, it may sometimes be called a service mark, particularly in the United States.

Fundamental concepts
The essential function of a trademark is to exclusively identify the commercial source or origin of products or services, so a trademark, properly called, indicates source or serves as a badge of origin. In other words, trademarks serve to identify a particular business as the source of goods or services. The use of a trademark in this way is known as trademark use. Certain exclusive rightsattach to a registered mark, which can be enforced by way of an action for trademark infringement,

while unregistered trademark rights may be enforced pursuant to the common law tort ofpassing off. It should be noted that trademark rights generally arise out of the use of, or to maintain exclusive rights over, that sign in relation to certain products or services, assuming there are no other trademark objections. Different goods and services have been classified by the International (Nice) Classification of Goods and Services into 45 Trademark Classes (1 to 34 cover goods, and 35 to 45 services). The idea behind this system is to specify and limit the extension of the intellectual property right by determining which goods or services are covered by the mark, and to unify classification systems around the world.

History
In trademark treatises it is usually reported that blacksmiths who made swords in the Roman Empire are thought of as being the first users of trademarks.[10]Other notable trademarks that have been used for a long time include Lwenbru, which claims use of its lion mark since 1383.[11] Registered trademarks involve registering the trademark with the government. The oldest registered trademarks in various countries include:

United Kingdom: 1876 The Bass Brewery's Red Triangle for ale was the first trademark to be registered under the Trade Mark Registration Act 1875.[12] United States: Samson (a rope-making company), featuring a depiction of the Biblical figure Samson wrestling a lion, was the first to be trademarked in the United States in 1884, and is still used by that company today.[13]

United States: In 1923 the businessman and author Edgar Rice Burroughs registered his fictitious character Tarzan as trademark. Hereby he prolonged the copyright for an unlimited time.[14] On these grounds he sold licences for comic strips and the usage of Tarzan in film and other non-print media. This was the beginning of what is now established as media franchise.

In 1980, there were fewer than ten thousand registered high-tech trademarks in the United States. In 2011, there are more than 300,000.[15] In 1997 the singer Ernest Evans aka Chubby Checker registered his stage name as a trademark and in 2011 he sued two companies for infringement.

Controller General of Patents, Designs, and Trade Marks The Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) is located at Mumbai. The Head Office of the Patent office is at Kolkata and its Branch offices are located at Chennai, New Delhi and Mumbai. The Trade Marks registry is at Mumbai and its Branches are located in Kolkata, Chennai, Ahmedabad and New Delhi. The Design Office is located at Kolkata in the Patent Office. The Offices of The Patent Information System (PIS) and National Institute of Intellectual Property Management (NIIPM) are at Nagpur. The Controller General supervises the working of the Patents Act, 1970, as amended, the Designs Act, 2000 and the Trade Marks Act, 1999 and also renders advice to the Government on matters relating to these subjects. In order to protect the Geographical Indications of goods a Geographical Indications Registry has been established in Chennai to administer the Geographical Indications of Goods (Registeration and Protection) Act, 1999 under the CGPDTM. Patents Designs Trade Marks Geographical Indications National Institute of Intellectual Property Management(NIIPM) Patent Information System Annual Reports Result Framework Document

Trade Marks registrty

BRIEF BACKGROUND
The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules thereunder. It acts as a resource and information centre and is a facilitator in matters relating to trade marks in the country. The objective of the Trade Marks Act, 1999 is to register trade marks applied for in the country and to provide for better protection of trade mark for goods and services and also to prevent fraudulent use of the mark. The main function of the Registry is to register trade marks which qualifies for registration under the Act and Rules.

ADMINISTRATIVE STEPS INVOLVED

Very briefly, an applications for registration of trade marks are received at the Head office and its branches according to territorial jurisdiction. Applications are then examined mainly with regard to the distinctiveness, possibility of deceptiveness and conflicting trade marks. The registrar on consideration of the application and any evidence of use or distinctiveness decides whether the application should be accepted for registration or not, and if accepted, publishes the same in the official gazette i.e. Trade Marks Journal (published in CD-Rom). Within a prescribed period any person can file an opposition, a copy of which is served to the applicants who is required to file a counterstatement within two months failing which the application shall be treated as abandoned. Thereafter, the opponent leads evidence in support of his case by way of affidavit followed by the applicants evidence also by way of affidavit in support of the application. After that the opponent files evidence by way of rebuttal. On completion of evidence, the matter is set down for a hearing and the case is decided by a Hearing officer. The registrars decision is appealable to the Intellectual Property Appellate Board.

Almost all functions of the Registry have now been decentralised and executed by respective offices except publication of journal, issuance of Registration Certificate and post registration activities including renewal which is done at TMR, Mumbai(Head Office)

Very broadly, the day to day administration of Trade Marks Act,1999 is the main responsibility of the Registry. Apart from the above, the Registry have other functions like offering preliminary advice as to registrability; providing Official Search Report of same/similar trade marks on records for requested goods/services; cause a search to be made for issue a certificate under Section 45(1) of the Copyright Act, 1957 to the effect that no trade mark identical with or deceptively similar to such artist work as sought to be registered as a copyright has been registered as a trade mark; providing to interested public information and guidance on the subject; providing information to various government agencies including Police, Central Excise personnel, establishment of a Public Grievance and Redressal Cell, maintenance of top class IP

library, the production of annual statistical report, production of official trade marks journal in electronic form and submit an Annual Report to Parliament.

Indian trademark law

Indian trademark law provides protection to trademarks statutorily under the Trademark Act, 1999 and also under the common law remedy of passing off.[1] Statutory protection of trademark is administered by the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion (DIPP), under the Ministry of Commerce and Industry. The law of trademark deals with the mechanism of registration, protection of trademark and prevention of fraudulent trademark.[2] The law also provides for the rights acquired by registration of trademark, modes of transfer and assignment of the rights, nature of infringements, penalties for such infringement and remedies available to the owner in case of such infringement.

History
The law of trademark in India before 1940 was based on the common law principles of passing off and equity as followed in England before the enactment of the first Registration Act, 1875.[3] The first statutory law related to trademark in India was the Trade Marks Act, 1940 which had similar provision like the UK Trade Marks Act, 1938. In 1958, the Trade and Merchandise Marks Act, 1958 was enacted which consolidated the provisions related to trademarks contained in other statutes like, the Indian Penal Code, Criminal Procedure Code and the Sea Customs Act. [4] The Trade and Merchandise Marks Act, 1958 was repealed by the Trade Marks Act, 1999 and is the current governing law related to registered trademarks. [5] The 1999 Act was enacted to comply with the provisions of the TRIPS. Though some aspects of the unregistered trade marks have

been enacted into the 1999 Act, but they are primarily governed by the common law rules based on the principles evolved out of the judgments of the Courts. [6] Where the law is ambiguous, the principles evolved and interpretation made by the Courts in England have been applied in India taking into consideration the context of our legal procedure, laws and realities of India.

Trademark
According to Section 2 (zb) of the Trade Marks Act, 1999, trade mark 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 shape of goods, their packaging and combination of colours. A mark can include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any such combinations.