Who can apply and what can be registered
Under The Trade Marks Act, 1999 a person who is the proprietor of the trademark can apply for the registration of its mark for goods as well services. The marks with respect to goods are considered as Trade Mark and that which is associated with Services is known as service mark. Any word, signature, name, logos, label, numerals or combination of colors used by one enterprise on goods or services can be registered as a trademark in India. Under the Indian trademark law the following are the types of trademarks that can be registered:
- Product trademarks are those that are affixed to identify goods.
- Service trademarks are used to identify the services of an entity, such as the trademark for a broadcasting service, retails outlet, etc. They are used in advertising for services.
Collective trademarks are registered in the name of groups, associations or other organizations for the use of members of the group in their commercial activities to indicate their membership of the group.
Any person claiming to be the proprietor of a trademark may apply for registration.
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