A trademark is a type of intellectual property right in the form of a recognizable sign, design, or expression which identifies a service or product of a particular organization, person or source. Trademarks that are used to identify services are also called service marks. A trademark can be registered by a business organization, individual, or any other type of legal entity. It can be placed on a label, voucher, package, or on the product itself. Trademark is generally used for corporate identity and are also usually displayed on a company’s building or offices. It cannot be used by any other person or organization. For instance, BAJAJ is a trademark of Bajaj Electrical Limited and HONDA is a trademark of Honda Motor Co. Ltd
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The Trade Marks Registry was established in India in 1940, and presently it administers the Trade Marks Act, 1999 and the rules thereunder. Trademark organization in India also acts as a resource and information center in matters relating to trademarks in the country.
‘TM’ on a given logo stands for Trademark, and ‘SM’ stands for Service mark. The use of Trademark and Service mark symbols notifies the public that the company is claiming exclusive ownership of the trademark. It can only be used by one who has filed a trademark application.
Once the trademark is registered with the Trademark Authority and is published in the official gazette, the person can use © on the same.
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