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Trademark Law

Trademark means a different mark of authenticity, through which the products of particular manufacturers or different commodities of particular manufacturer, trader, or vendor may be distinguished from those of others. Trademark in India is mainly governed by the rules and regulations laid down in Indian Trademark Act, 1999. According to Act trademark is a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of goods. The definition of mark as contained in the Act is not exhaustive and there is practically no limit to the combination of various types of marks.

Copyright and Trademark law


Copyright and Trademark forms an intrinsic part of Intellectual property rights. Copyright gives long lasting rights pertaining to literary, artistic and musical creations whereas trademarks are protected against imitation as long at least as they continue to be employed in trade. According to Indian legislation governing Intellectual property rights all artistic, literary, musical, dramatic works are comes within the purview of copyright but if it has to be used in context with goods than a certificate concerning the same has to be obtained from the Registrar of Trademarks. Thus though they are governed by different laws they are two sides of same coin.


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