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How is trademark important and what is the period of protection provided by a trademark?

How is trademark important and what is the period of protection provided by a trademark?

A trademark is a sign or mark that is used to distinguish the goods or services of one enterprise from those of another enterprise. It can be any distinctive word, letter, numeral, drawing, picture, shape, colour, sound, smell, logotypes, or any combination of these that may be used for distinguishing goods and services, of any given business. A trademark is used extensively by an enterprise to reach customers by enabling customers to identify and locate the product. A trademark is issued by a national office and is granted for a period of 10 years and may be renewed indefinitely.

Trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of other and may include shape of goods, their packaging and combination of colours; and

(i) in relation to Chapter XII (other than section 107), a registered trade mark or a 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

(ii) 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 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.


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