What is Trademark

1. Madhu Kotwani & Associates
Practicing Company Secretary & Trademark Agent
91+ 9099487630; csmadhukotwani@gmail.com
What is trademark?
As per Section 2 (zb) of TRADE MARK ACT 1999
“Trade mark” means a mark capable of being“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:

2. Madhu Kotwani & Associates
Practicing Company Secretary & Trademark Agent
91+ 9099487630; csmadhukotwani@gmail.com
A trademark (popularly known as brand name) and 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• 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.

3. Madhu Kotwani & Associates
Practicing Company Secretary & Trademark Agent
91+ 9099487630; csmadhukotwani@gmail.com
What can be registered as trademarks?
•Name
•Device
•Label
•Symbol•Symbol
•Letter or Numerals or any combination thereof
•Monograms
•Combination of colours
•Shape of Goods or their packaging
•Sound Mark
•Marks constituting a 3- dimensional sign
•Signature

4. Madhu Kotwani & Associates
Practicing Company Secretary & Trademark Agent
91+ 9099487630; csmadhukotwani@gmail.com
Meaning of ®, TM or SM?
The ® represent Registered Mark. ® Symbol means
a Trademark is registered under Trade Marks Act,
1999.1999.
The TM Symbol means Trade Mark which is used on
products (i.e. goods) by unregistered mark.
The SM symbol means Service Mark which is used
by Service Provider by unregistered mark.

5. Madhu Kotwani & Associates
Practicing Company Secretary & Trademark Agent
91+ 9099487630; csmadhukotwani@gmail.com
Examples for Trademark
Wordmark:
MICROSOFT, HONDA, REVS
Combination of word or numerical:Combination of word or numerical:
7 ELEVEN, VAT 69
Device:

6. Madhu Kotwani & Associates
Practicing Company Secretary & Trademark Agent
91+ 9099487630; csmadhukotwani@gmail.com
Colour mark:
Sound Mark:
Jingle in HDFC ATM, IPL Trumpet Sound
Certification Mark:
ISI Mark, Agmark, Hall Mark

7. Madhu Kotwani & Associates
Practicing Company Secretary & Trademark Agent
91+ 9099487630; csmadhukotwani@gmail.com
Shape of goods:
Tag Line:

8. Madhu Kotwani & Associates
Practicing Company Secretary & Trademark Agent
91+ 9099487630; csmadhukotwani@gmail.com
THANK YOU!!!!THANK YOU!!!!