As amended from time to time, the Trademark Act, 1999 and the Trademark Rules, 2002, govern trademark law and provisions in India. A trademark, which might encompass the appearance of items, packaging, color combinations, etc., is essentially a mark that can be graphically represented and may be used to differentiate one person’s goods and services from those of another.
A “trademark” can be a thing, a person, a signature, a word, a number, the way something is packaged or colored, or any combination of those things. Section 7 of the Trademark Act, 1999, also mandates the classification of products and services for trademark registration purposes in line with the International Classification. It is necessary to register the trademark to receive trademark protection. Although trademark registration is not inherently required, it is highly advised because it stops others from copying your mark and misrepresenting other items.
Trademarks, such as the tick symbol for Nike or the jumping wildcat for Puma, let consumers distinguish one brand from another and understand the brand and its value at a glance. Registration of trademarks is ongoing. Trademarks do not have a clearly stated restriction period like patents do. Trademark registration can be extended for another 10 years after the initial 10 years, unlike a patent, which expires after 20 years.
This procedure can be repeated indefinitely, meaning that as long as the trademark is renewed, it will not expire and will still be covered by the Act’s protection.