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What are the sources of trademark laws?

What are the sources of trademark laws?

  1. The national statues i.e., the Trade Marks Act, 1999 and rules made thereunder .
  2. International multilateral convention.
  3. National bilateral treaty.
  4. Regional treaty.
  5. Decision of the courts.
  6. Office practice reduced in Manuals and guidelines and rulings of the Courts.
  7. Decision of Intellectual Property Appellate Board.
  8. Text books written by academician and professional experts.

A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a  word signature, name, device, label, numerals or  combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.

The legal requirements to register a trademark under the Act are:

  • The selected mark should be capable of being represented graphically (that is in the paper form).
  • It should be capable of distinguishing the goods or services of one undertaking from those of others.
  • It should be used or proposed to be used mark 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 and some person have the right to use the mark with or without identity of that person.

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