How far is goodwill & trademark related to each other

Dear Sagnik,

In one word if youask me Trade Mark is the image of the Goodwill of a Company or brand. The Goodwill is recognized by the mark that is the Trade Mark.

  A trademark protects the goodwill associated with a company. As in the case of copyright fictional character created in a film scriptt writer or a film producer having the licence to use the story can build up a good will which may be protected in a passing off action even though he may not be the owner of the copyright.

Goodwill and trademark are realted insofaras both talk about identity associated with business.

However, goodwill reflects the intrinsic value business value of a company and its reputation in the market.

Whereas trademark gives legal protection to a brand so that nobody else can use it. A trademark  can be registered even for a new brand or a relatively unknown brand.

Thus even if a business has a registered trademark, it is possible that there is hardly any goodwill associated with it.

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Trademark Registration in India is a must to protect your brand.

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