A trademark is a distinctive sign, which identifies certain goods or services as those produced or provided by a specific person or enterprise. Its origin dates back to ancient times, when craftsmen reproduced their signatures, or "marks" on their artistic or utilitarian products. Over the years these marks evolved into today's system of trademark registration and protection. The system helps consumers identify and purchase a product or service because its nature and quality, indicated by its unique trademark, meets their needs.
For example, “DELL” is a trademark that identifies goods (computers and computer related objects). “CITY BANK” is a trademark that relates to services (banking and financial services).

Functions of Trademarks

• Trademarks may perform different functions. In particular they :
  - Help consumers identify and distinguish products or services;
  - Enable companies to differentiate between their products;
  - Are a marketing tool and the basis for building a brand image and reputation.
  - May be licensed and provide a direct source of revenue through royalties;
  - Are a crucial component of business assets.
  - Encourage companies to invest in maintaining or improving quality products; and
  - May be useful for obtaining finance.

Kind of signs that can be used as Trademarks

Trademarks may consist of a word (e.g Kodak) or a combination of words (Coca-Cola), letters and abbreviations (e.g. EMI, MGM, AOL, BMW, IBM), numerals (e.g.7/11) and names (e.g. Ford, or Dior) or abbreviations of names (e.g. YSL, for Yves St-Laurent). They may consist of drawings (like the logo of the Shell oil company, or the Penguin drawing for Penguin books), or three-dimensional signs such as the shape and packaging of goods (e.g. the shape of the Coca-Cola bottle or the packaging for the Toblerone chocolate). They may also consist of a combination of colors or single colors (e.g. the orange color used for ORANGE telephone company). Even non-visible signs, such as music and fragrances, may constitute trademarks.
In all cases, the trademark must be distinctive: it must be capable of distinguishing the goods or services with which it is used. A name, which is purely descriptive of the nature of the goods and services that are offered, may not constitute a valid trademark.
For example, Apple may serve as a trademark for computers but not for actual apples. However, a given trademark may not be distinctive from the outset, but may have acquired distinctive character or “secondary meaning” through long and extensive use.

Kinds of Trademarks That Can Be Registered

The possibilities are almost limitless. Trademarks may be one or a combination of words, letters, and numerals. They may consist of drawings, symbols, three- dimensional signs such as the shape and packaging of goods, audible signs such as music or vocal sounds, fragrances, or colors used as distinguishing features.
In addition to trademarks identifying the commercial source of goods or services, several other categories of marks exist. An association whose members use them to identify them with a level of quality owns collective marks and other requirements set by the association. Examples of such associations would be those representing accountants, engineers, or architects. Certification marks are given for compliance with defined standards, but are not confined to any membership. They may be granted to anyone who can certify that the products involved meet certain established standards. The internationally accepted "ISO 9000" quality standards are an example of such widely recognized certifications.

Types of Trademarks

In addition to trademarks identifying the commercial source of goods or services, several other categories of marks exist.
Collective marks are marks used to distinguish goods or services produced or provided by members of an association. Collective marks are marks used to identify the services provided by members of an organization (e.g. UAW for United Auto Workers).

Certification marks are marks used to distinguish goods or services that comply with a set of standards and have been certified as such (e.g. The Woolmark symbol to show that products are made from 100% wool and comply with performance specifications set down by the Woolmark Company. It is registered in 140 countries and is licensed to manufacturers who are able to meet these quality standards in 67 countries).

First, an application for registration of a trademark must be filed with the appropriate national or regional trademark office. The application must contain a clear reproduction of the sign filed for registration, including any colors, forms, or three-dimensional features. The application must also contain a list of goods or services to which the sign would apply.

• The sign must fulfill certain conditions in order to be protected as a trademark or another type of mark:
  - It must be distinctive, so that consumers can distinguish it as identifying a particular product, as well as from other trademarks identifying other   products;
  - It must not be deceptive, that is, it should not be likely to mislead the consumers as to the nature or quality of the product;
  - It should not be contrary to public order or morality;
  - It should not be identical or confusingly similar to an existing trademark. This may be determined through search and examination by the   national office, or by the opposition of third parties who claim similar or identical rights.

Almost all countries in the world register and protect trademarks. Each national or regional office maintains a Register of Trademarks, which contains full application information on all registrations and renewals, facilitating examination, search, and potential opposition by third parties. The effects of such a registration are, however, limited to the country (or, in the case of a regional registration, countries) concerned.
In order to avoid the need to register separately with each national or regional office, WIPO administers a system of international registration of marks. Two treaties, the
Madrid Agreement Concerning the International Registration of Marks and the Madrid Protocol, govern this system. A person who has a link (through nationality, domicile or establishment) with a country party to one or both of these treaties may, on the basis of a registration or application with the trademark office of that country, obtain an international registration having effect in some or all of the other countries of the Madrid Union. At present, more than 60 countries are party to one or both of the agreements.

Well- known marks are marks that are considered to be well known by the relevant sector of the public in the country in which protection is sought. Well-known marks benefit from stronger protection than marks in general:

- They may be protected even if they are not registered in a given territory, and
- They may be protected against confusingly similar marks that are used on dissimilar goods or services, whereas marks are generally   protected   against confusingly similar marks if used for identical or similar products.

For example, let us consider a trademark such as Mercedes Benz. Normally the company that owns the trademark would be protected against unauthorized use of the mark by third parties with respect to the products for which the mark has been registered. To the extent that Mercedes Benz is a well-known trademark, protection would also be available for unrelated goods. So that if another company decides to use the trademark in relation to other goods such as, say, men’s underwear, it may be prevented from doing so.

Domain names are Internet addresses, and are commonly used to find websites. For example, the domain name “yahoo.com” is used to locate the YAHOO website at www.yahoo.com. Domain names may be made up, sometimes, of a trademark. In such case, it may happen that the person who has registered the domain name has done it in bad faith, as he is not the owner of the trademark under which the domain name has been registered. This activity is referred to as cybersquatting.
It is important to know that many national laws, or courts, treat as trademark infringement the registration of the trademark of another company or person as a domain name. If this happens, the person who has chosen the trademark of another as a domain name may not only have to transfer or cancel the domain name, but may also have to pay damages or a heavy fine. It may be interesting for you to know that if another individual or company is using the trademark of your company as a domain name, you may take action to stop such misuse of the rights of your company. In such a case, an option would be to use WIPO’s online procedure for domain name dispute resolution at: www.arbiter.wipo.int/domains. The WIPO website includes a model complaint as well as legal index to the thousands of WIPO domain name cases that have already been decided.

Need to protect Trademarks 

The basic rationale for protecting trademarks, whether through registration or not, is twofold. First, it provides business people with a remedy against unfair practices of competitors, which aim at causing confusion in the consumers’ minds by leading them to believe that they are acquiring the goods or services of the legitimate owner of the trademark, whereas in fact they are acquiring an imitated product, which furthermore
may be of lesser quality. The legitimate owner may hence suffer from loss of potential customers, as well as harm to his own reputation.
The second rationale flows from the first, namely to protect consumers from those unfair and misleading business practices.
In addition to those two arguments, a further one is gaining more and more prominence. This is that a trademark is often the only tangible asset that represents the investments made in the building of a brand. Where, for example, a business is sold, or companies merge, the question of brand evaluation becomes an important issue. The value of companies may depend to a large extent on the value of their trademarks.

Territorial Jurisdiction of Trademark Offices in Delhi, Mumbai, Chennai,Kolkata and Ahmedabad

Territorial Jurisdiction of Appropriate Office for the Applicants from
The States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Uttar Pradesh, Uttaranchal, Delhi and the Union Territory of Chandigarh.
Trade Mark Office, New Delhi

The Registrar of Trade Marks
Intellectual Property Office Building,
Plot No. 32, Sector 14,
Dwarka, New Delhi-110075

Territorial Jurisdiction of Appropriate Office for the Applicants from
The States of Maharashtra, Madhya Pradesh, Goa
Trade Marks Office, Mumbai.

The Registrar of Trade Marks
Boudhik Sampada Bhawan, S.M.Road,
Near Antop Hill Post Office, Antop Hill, Mumbai - 400 037. 

Territorial Jurisdiction of Appropriate Office for the Applicants from
The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union Territories of Pondicherry and Laksha dweep .
Trade Marks Office,Chennai.

The Registrar of Trade Marks
Intellectual Property Office Building, G.S.T. Road,
Guindy, Chennai-600032,  

Territorial Jurisdiction of Appropriate Office for the Applicants from
State of Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur,
Mizoram, Meghalaya, Sikkim , Tripura and Nagaland, Andaman&Nicobar Island.
Trade Marks Office, Kolkata

The Registrar of Trade Marks
Intellectual Property Office Building,
CP-2  Sector V, Salt Lake City,Kolkata-700091,

Territorial Jurisdiction of Appropriate Office for the Applicants from
Gujarat,Rajasthan,Damman and Diu,Dadra Nagar and Haveli
Trade Marks Office, Ahmedabad