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Trademark

A Trademark is a visual symbol in the form of a word, a device or a label applied to articles of commerce with a view to indicate to the purchasing public that they are the goods manufactured or otherwise dealt in by a particular person as distinguished from similar goods manufactured or dealt in by other persons. Trademark is a mean to protect the goodwill, money and time invested by the entrepreneur to manufacture and market the goods and services. A registered trademark can be protect against unauthorized use by others by an action for infringement.

Under modern business conditions a trademark perform four functions:

It identifies the product and its origin
Guarantees its unchanged quality
Advertises the product and
Create an image for the product

A person who sells his goods under a particular trademark acquired a sort of limited exclusive right to the use of the mark in relation to those goods. Such a right acquired by use is recognized as a form of property in the trademark, and protected under common law. A person can also acquire a similar right over a trademark by registering it under the Trademarks Act 1999.

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