A Trade Mark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. According to Section 2 (1) (zb) of the Indian Trade Marks Act, 1999, “a ‘trademark’ means a mark which is capable of being represented graphically and capable of distinguishing the goods or services of one person from those of others, and may include the shape of goods or their packaging and combinations of colours.”

The critical function of a Trade Mark, as the word itself suggests is to act as a sign of distinction. With product parity and numerous cloned products, a Trade Mark is of paramount importance in enabling the trade and more importantly the customers to recognize a product and associate it with a certain company and level of quality. Trade Marks attain greater significance when patents expire and the markets get flooded with numerous local brands.