For trademark registration in India, there is the Trademark Act 1999, which allows you to register your trademark. You will be the exclusive owner of your brand's trademark through this. Nobody can use the same mark as it will be the only right of the registered owner.

1. TRADEMAR
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2. Meaning of Trademark
A Trademark Registration or trade mark is a
distinctive sign or indicator of some kind which is
used by an individual, business organization or
other legal entity to uniquely identify the source of
its products and/or services to consumers, and to
distinguish its products or services from those of
other entities
A trademark is a device which can take almost any
form, as long as it is capable of identifying and
distinguishing specific goods or services.

3. A trademark may be designated by the
following symbols:
 (for an Unregistered Trademark,
that is, a
mark used to promote or brand
goods)
 (for an unregistered Service mark,
that is, a
mark used to promote or brand
services)

4. A Trademark is typically a name, word, phrase,
logo, symbol, design, image, sound or a combination
of these elements.
There is also a range of non-conventional
Trademark comprising marks which do not fall into
these standard categories, may therefore
be visible signs (e.g. colors, shapes, moving images,
holograms, positions), or non-visible signs (e.g.
sounds, scents, tastes, textures).

5. Indian Trademark law
 Indian trademark law provides protection
to trademarks statutorily under the Trademark Act, 1999
and also under the common law remedy of Passing Off.
 Passing off is a common law tort which can be used to
enforce unregistered trademark rights. The tort of
passing off protects the goodwill of a trader from a
misrepresentation that causes damage to goodwill.
 Statutory protection of Trademark is administered by the
Controller General Of Patents, Designs and Trade Marks,
a government agency which reports to the Department of
Industrial Policy and Promotion(DIPP), under the Ministry

6.  The law of trademark deals with the mechanism of
registration, protection of trademark and prevention
of fraudulent trademark.
 The law also provides for the rights acquired by
registration of trademark, modes of transfer and
assignment of the rights, nature of infringements,
penalties for such infringement and remedies
available to the owner in case of such infringement.

7. HISTORY(Indian Context)
 The law of trademark in India before 1940 was based on
the common law principles of passing off and equity as
followed in England before the enactment of the
first Registration Act, 1875.
 The first statutory law related to trademark in India was
the Trade Marks Act, 1940 which had similar provision
like the UK Trade Marks Act, 1938.
 In 1958, the Trade and Merchandise Marks Act, 1958
was enacted which consolidated the provisions related to
trademarks contained in other statutes like, the Indian
Penal Code, Criminal Procedure Code and the Sea

8.  The Trade and Merchandise Marks Act, 1958 was
repealed by the Trade Marks Act, 1999 and is the
current governing law related to registered
trademarks. The 1999 Act was enacted to comply
with the provisions of the TRIPS(Agreement on
Trade Related Aspects of Intellectual Property
Rights).
 Though some aspects of the unregistered trade
marks have been enacted into the 1999 Act, but
they are primarily governed by the common law
rules based on the principles evolved out of the
judgments of the Courts.
 Where the law is ambiguous, the principles evolved
and interpretation made by the Courts in England
have been applied in India taking into consideration

9. TRADEMARK
According to Section 2 (zb) of the Trade
Marks Act,
1999, “trade mark means 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
include shape of goods, their packaging and
combination o
colours.” A mark can include a device, brand,