A Trademark is a visual symbol in the form of a word, a name, a device, a symbol, or a label which identifies a merchant's or manufacturer's goods or services, and distinguishes them from others. Trademarks are required to protect the good name of the product and help ensure consistent levels of quality. Trademark registration protects the interest of the public as it prevents the use of a mark from misleading the public with reference to the origin of goods they are purchasing. It also protects the interest of other traders as it prevent a trader from passing off his goods as that of its competitors.

The Trade Marks Act, 1999, was enforced on September 15, 2003 and now governs Trademark Law in India. The old Trade & Merchandise Marks Act, 1958, was amended and the new Trade Marks Act, 1999, was implemented to provide for registration of service marks and to introduce various other provisions in conformity with the Trade Mark Law in developed countries. The time frame for Registration of Trade Marks has been reduced significantly to about 10 to 14 months under the new regulations, greatly benefiting applicants for trademarks.

A trademark will be registered only if it is distinctive, that is to say, it must be adapted to distinguish the goods of the applicant from the goods of the others. Distinctiveness may be inherent in the mark itself like invented words, non-descriptive words, non- descriptive devices etc. In choosing a trademark, one should avoid words, which are directly descriptive of the goods, common surnames or geographical names

Trademarks being territorial rights require national registration for protection. They have to be registered in each territory separately. It has to be registered in the Trademark Register of each country. The general principles are same but procedural differences exist between different national systems. In some countries the information required is more tedious whereas in others more straightforward depending upon the socio-economic conditions prevailing in the country.  

The attorneys at White Money focus exclusively on protection of new ideas and business identities. We assist business entities in protecting their logos, brand name, designs, symbols, phrases, USP line and trademarks.