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What Is Trade Mark / Service Mark

Mark is a name given to an article by the manufacturer to indicate and/or so as to indicate a connection in the course of trade between the articles in question and the source of its manufacture.

Mark may consist of a name, device, label, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof.1

A mark capable of being represented graphically and which is capable of distinguishing the goods of one person from those of others is called a Trade Mark.2

When a mark is used by a manufacturer or a proprietor, which is capable of distinguishing his goods, it performs the role of a Trade Mark. Similarly, when a mark is used by a manufacture or a proprietor to distinguish his services, it is identified as a Service Mark. E.g. 'Coca Cola' is a trademark, whereas 'ICICI' is a service mark.

The statutory protection of the trademark is often indicated by the symbol of R in a circle placed near the trademark. The means that the mark is a registered trademark and acts as a warning against unauthorized use of it. A party not holding statutory right is not entitled to use the symbol . Since proprietorship in trademark is not dependent upon registration, any person claiming proprietorship in an unregistered trademark may use the words TM near the mark.

People rely on trademarks to make conscious decisions about the products they buy. Trademarks act as a guarantee of quality and origin of goods. A competing manufacturer is not entitled to another's trademark. The owner of a trademark is entitled to challenge use of any identical or similar mark that infringes upon his rights.

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