Trademarks emerged to distinguish goods, indicate origin, and guarantee quality. Registration provides nationwide notice of ownership, establishes priority, and allows jurisdiction in federal court. It also aids in obtaining foreign registrations and preventing import of infringing goods. The emergence of commercial goods and competition necessitated trademarks. Ancient artifacts display early forms of trademarks used to identify source or craftsmen. Modern trademark law began with France's 1803 Factory Act making it illegal to pass off another's mark as one's own. For registration, a mark must be distinctive, not describe goods/services, not hurt religious sentiments, be prohibited, consist of shapes, or be identical/similar to existing marks.

1. - Arun S Nair
Div. II (82)

4.  Distinguishing one’s goods from
those of another
 Indicate the origin
 Guarantee quality
 Advertising

5. • Constrictive notice nationwide of the
trademark owner’s claim.
• Evidence of ownership of the trademark.
• Jurisdictions of federal court may be
evoked.
• Registration can be used as a basis for
obtaining registration in foreign countries
• Registration may be filed with customers
service to prevent importation of
infringing foreign goods

6. • The one condition that had to exist for the emergence of
trademarks was that of commercial goods. As goods were
produced and exchanged for money, competition and
quality became much more prominent and important than
in earlier barter systems.
• Many artifacts from Greek and Roman ruins have displayed
what are known as potters marks, which were used in those
time to identify who (or where) the pot came from, and
craftsmen of all kinds would mark their created goods.

7. Some marks also arose to prove
ownership of goods, rather than just
their source. “Merchants marks”
emerged in the 10th century and have
been used ever since
There were, of course, issues and
disagreement, and while some
trademark cases had been brought
around the world prior to 1803, it wasn’t
until that year that France passed the
“Factory, Manufacture and Workplace
Act” an early (and the first) predecessor
to modern trademark law, which made it
illegal to pass someone else’s mark as
one’s own.

8. • Distinctive
• No indication as to characteristics of goods or
services
• A mark should not be customary in current language
or in bona fide and established practices of trade
• A mark should not hurt the religious susceptibilities
of any class or section of the citizens of India
• A mark should not be scandalous or obscene
• A act should not be prohibited under Emblems and
Names(Act 1950)
• A mark should not consist of shape due to nature of
good or to obtain technical result or to give essential
value of goods
• Should not be identical or similar