Sakshya Sahayak

A trademark is defined under Section 2(zb) of the Trade Marks Act, 1999 as a mark capable of being represented graphically and distinguishing the goods or services of one person from those of others. It may include a word, device, brand, heading, label, ticket, name, signature, numeral, shape of goods, packaging, or combination of colors.

The ™ symbol indicates that a mark is being claimed as a trademark but is not yet registered. The ® symbol signifies that the mark is registered under the Trade Marks Act, 1999. Use of ® on an unregistered mark is a criminal offence under Section 107 of the Act.

Section 9 bars registration of marks that are devoid of distinctive character, consist exclusively of marks or indications which may serve to designate characteristics of goods or services, or consist exclusively of marks customary in current language or trade practice. Marks that are deceptive, contrary to public policy, or of a nature to hurt religious sentiments are also refused.

Section 11 bars registration where the mark is identical or similar to an earlier registered mark for identical or similar goods or services, causing likelihood of confusion in the mind of the public. Well-known marks enjoy protection across all classes under Section 11(2).

The Nice Classification is an international classification of goods and services for trademark registration purposes, established under the Nice Agreement, 1957. India follows this system. There are 45 classes: 1–34 cover goods; 35–45 cover services. A trademark application must specify the class(es) under which registration is sought.

Under Section 2(h) of the Trade Marks Act, 1999, a mark is deceptively similar to another if it so nearly resembles that other mark as to be likely to deceive or cause confusion. Assessment is based on visual, phonetic, and conceptual similarity, as well as the nature of the goods or services and the average consumer's perception.

The Madrid Protocol is an international treaty administered by WIPO allowing an applicant to file a single international trademark application designating multiple member countries. India became a member of the Madrid Protocol in 2013. An Indian basic application or registration is required before filing internationally.

An opposition under Section 21 is filed during the four-month post-publication window, before registration. A rectification petition under Section 57 is filed after registration, seeking removal or amendment of a mark from the Register on grounds such as non-use, incorrect entry, or proprietorship dispute. Post-2021, rectification petitions are heard by High Courts (not IPAB, which was abolished).