Under Indian law, trademarks are governed by the Trade Marks Act, 1999. Section 2(m) of the Act defines a mark broadly to include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging, or a combination of colours and sometimes Sound or Smell.
Taking this further, Section 2(zb) defines a trademark as “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 the shape of goods, their packaging and combination of colours.”
In simpler terms, a trademark is any sign, symbol, or expression that helps consumers recognize that a particular product or service comes from a specific source. The key requirement is distinctiveness—the ability to set apart one trader’s goods or services from those of another.
Forms of Trademarks
Trademarks can appear in many different forms, such as:
-
Words or Phrases – Example: AMUL, PEPSI, RELIANCE
-
Names – Example: GODREJ, BAJAJ, LOUIS VUITTON
-
Signatures – Example: stylized names/logos like WALT DISNEY
-
Letters & Numerals – Example: BMW, HDFC, 501, 555
-
Logos & Symbols – Example: the Nike Swoosh, Apple’s bitten apple
-
Mascots or Devices – Example: Amul Girl, Michelin Man
-
Unique Shapes of Goods – Example: the Coca-Cola bottle shape
-
Packaging Styles – Example: the distinctive purple wrapper of Cadbury
-
Colour Combinations – Example: Red & White of Colgate toothpaste, Blue & Red of Domino’s Pizza
When a mark is specifically used to identify services rather than goods—like those of airlines, hotels, courier companies, or IT firms—it is sometimes referred to as a service mark. For instance, Infosys (IT services) or Hilton (hospitality) are service marks. In practice, however, the law in India uses the term “trademark” to cover both goods and services.
The Role of a Trademark
A trademark does much more than serve as a mere label:
-
It identifies the origin of goods or services.
-
It assures quality to consumers by associating the mark with a certain standard.
-
It builds goodwill and reputation for businesses over time.
-
It distinguishes one trader’s goods/services from those of competitors, reducing consumer confusion.
Why Trademark Matters
Imagine walking into a store and buying a soft drink. Without trademarks, you would not be able to tell the difference between Pepsi, Coca-Cola, and a local soda brand at first glance. A trademark acts like a shortcut in the consumer’s mind—signaling trust, quality, and the identity of the source.
Thus, whether it’s a logo, name, colour, or even the shape of a product, as long as it performs the essential function of distinguishing goods or services, it qualifies as a trademark under Indian law.
