Trademark



A trade mark is defined as any sign, as any combination of sign, inherently capable of distinguish the goods or service of one undertaking. Trade marks may be a combination of words, letters, and numerals. They may consist of drawings, symbols, colours used as distinguish features. The owner of the mark may not be involved in the relevant trade and acts purely as a certification authority. The internationally accepted ―ISO 9000 quantity standards are examples of such widely recognized certifications.

Distinction between Brand and Trade-Mark
The following are the distinctions between the brand and trade-mark:

1. Registration: Brand is merely a word, symbol or a design. If it is got registered under law, it becomes a trade-mark. But the brand is not required to be legally registered.

2. Action Against Lmitating: If the brand has been copied out by some other concern competing the business, no legal proceed­ings against it could be undertaken for the same. As against it, if someone imitates the `trade-mark', the body might be legally sued for.

3. Scope: The scope for brand is limited while the trade­mark is quite extensive in its sphere.

4. Use or Utilization: When the brand has been got regis­tered, it becomes the trade-mark and its use could be permissible to the same body or undertaking only. Against it, one and the same brand might be used by various manufacturers, producers or sellers.

5. All the Brands are not the Trade-Marks: All the trade-marks have to be brands, but all the brands are not the trade-marks.
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