With multiple similar goods offered by multiple competitors in the market, differentiation becomes pivotal. A trademark is a symbol that distinguishes between the goods of the company with that of the competitor. Apart from differentiation, a trademark can also serve as a means to offer product authentication and a seal of trust and quality.  The main objective of using a trademark is to prevent competitors from introducing identical products in the market, ultimately protecting the customer from using low-quality similar products.

As per the Indian Trademark Act, a trademark can be defined as a mark having graphical features that can be used to distinguish one good or service from the other. It can have various elements, such as a shape, colour, label name, packaging, text, numeral, brand, or a combination of these elements.

Even though companies, brands or creators are not obligated to trademark their products, it is suggested they do so to prevent infringement and offer their products and customers global protection. Trademark is also advisable, given the rising cases of infringement.

Trademarks offer identification and authenticity to the product or services. Registration for a trademark may not be limited to encompassing colours, traditional forms, audible, three-dimensional or olfactory signs. It is a valuable asset that businesses use to protect their product or services from infringement.

It can also serve as a marketing tool offering authenticity to the product, generating trust and persuading customers to choose and invest in it. The mark can be displayed on goods, tags, or labels.  The economic value, derived from successful marketing campaigns and brand names, creates goodwill and market power. This creates barriers for new entrants in the market and limits competition in the respective industry.



Bar Council of India prohibits law firms to solicit work or advertise in any manner in the public domain. This website is meant solely for the purpose of information and not for the purpose of advertising and solicitation. The information provided is meant only to know of our standing and services. Whilst every effort has been taken to ensure the accuracy of the contents of this website,  disclaims all liability arising from reliance placed by the user or any other third party on the information contained therein

By proceeding further and clicking on “I agree” the user acknowledges that the information provided on our website does not tantamount to solicitation, advertisement and  inducement or personal communication of any sort for and on behalf of the Firm so to establish an attorney-client relationship.

The information provided herein should not be interpreted as legal advice. We urge the user to make independent inquiries about the information provided herein. Said information should not be interpreted as “Legal advice”.