TRADEMARK which is also known as “brandname” laymans language is a visual representation of a symbol consisting of a word, sign, name device, special character and or in any combination of colours which used by any manufacturer / service providers to distinguish its products from other competitors. Trademark has huge importance in this era of Globalization since it helps customers to identify the product of a particular manufacturer / service provider from that of others.

Infact Trademark, Copyright, Patents, Industrial Design protection are part of the latest trend which about a century old only wherein the innovator is provided with exclusive right over its innovative, idea, design, mark, artistic products to exploit their creation commercially thereby restraining others from using the same. These all falls in the area of Intellectual Property Rights and the international body which governs the same is World Intellectual Property Organisation (WIPO) and most of the countries are following the directions, decision and conventions which are being discussed and adopted by WIPO by member countries.

To get the trademark registered as per The Trade Mark Registration Act a trademark required to pass three basic tests. First Trademark should be capable of being represented graphically, Second capable of distinguish itself from those of other goods manufacturer and service provider, Third it needed to be used in relation to goods or service by the owner to differentiate its product or services from that of other competitors.
The most fundamental question arises is who and how to apply for a trademark. Well, any person claims to be an owner of trademark or person who wants to use that trademark may make an application for registration with the TradeMark Registrar. The application needs to have Trade Mark in three sets, prescribed fee, power of attorney to use the mark and signature on the same