Conceptualizing Trademark Under The Trademark Act, 1999

Navya Singh, Graphic Era Hill University, Dehradun, Uttarakhand

INTRODUCTION

The Trademark rights in India are shielded by the Trademark Act, 1999 and passing off. The Trademark Act protects, registers, and prevents trademark fraud. It also covers trademark holder rights, penalties for infringement, damages, and trademark transfer. The Trademark Act, 1999 defines trademark as "a mark capable of being represented graphically and capable of distinguishing one person's goods or services from those of others, and may include the shape of goods, their packaging, and color combination. “Signatures, names, labels, headings, etc. can be marks.