According to the Trade Marks Act 1999 a trade mark can be defined 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 shape of goods,their packaging and combination of colours;and-
(i) in relation to chapter X11 (other than sec 107 ) ,a registered trade mark or a mark used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trde between the goods or services, as the case may be ,and some person having the right as proprietor to use the mark;and
(ii) in relation to other provisions of this act,a mark used or proposed to be used in relation to goods or sevices for the purpose of indicating or so as to indicate a connection in the course of trde between the goods or services, as the case may be ,and some person having the right ,either as propritor or by way of permitted user,to use the mark whether with or without any indication of the identity of that person and includes a certification trade mark or collective mark;
People rely on trademarks to make informed decisions about the products they buy. A trademark acts as a guarantee of the quality and origin of a particular good. A competing manufacturer may not use another company's trademark. The owner of a trademark may challenge any use of the mark that infringes upon the owner's rights.
The presence of trademark protection for the name or logo of a company or product is often indicated by the small symbol of an R in a circle placed near the trademark. The R means that the mark is a registered trademark and is a warning that the law prevents unauthorized use of it. A party may indicate that it is claiming rights to a particular mark by displaying a TM rather than an R symbol. Marks bearing the TM symbol are not registered, but the presence of the symbol shows an intent to register