what is the trademark under TM aCT.
Querist :
Anonymous
(Querist) 24 February 2011
This query is : Resolved
what is the trademark under TM aCT.
Kirti Kar Tripathi
(Expert) 24 February 2011
Under Section 2(V) (zb) of Trade Mark Act, 1999 the trade mar has been defined as under
(zb) "trade mark" means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from choose of others and may include shape of goods, their packaging and combination of colours , and
in relation to Chapter XII (other than section 107), a registered trade mark or mark used 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, as the case may be, and some person having the right as proprietor to use the mark, and
in relation to other provisions of this Act, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so to indicate to a connection in the course of trade between the goods or services, as the case may be, and some person having the right, either as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark.
