Trademark Governance in a Borderless World: Law, Compliance & Advisory Perspectives

CS Mayur Mazumdar | Last updated: 13 April 2026

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This article delves into the world of trademarks, explaining what they are, their legal definitions, and their historical development. It outlines various types of trademarks, from product and service marks to more complex ones like sound and color marks, and discusses their importance in building brand visibility, market share, and public trust. The process of trademark registration, grounds for refusal, enforcement, and best practices for maintaining trademark rights are also covered.

What is Trademark? In General Parlance A Trademark is one of the forms of Intellectual Property, that consists of a word phrase symbol design or a combination of the all this, which identifies a product or service from other product or services in the market. Trademarks can also extend to non-tra

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FAQ :

A trademark is a form of intellectual property that includes a word, phrase, symbol, design, or a combination thereof, which identifies and distinguishes the source of goods or services from those of others in the market. This can extend to non-traditional marks like shapes, sounds, scents, or colors.

Types of trademarks include product marks, service marks, collective marks, certification marks, shape marks, sound marks, pattern marks, color marks, and well-known trademarks. Each serves to identify specific aspects of a brand or its offerings.

The Trade Marks Act, 1999 is the cornerstone of trademark protection in India. It replaced the earlier Act of 1958, aligning India's trademark system with international standards like the TRIPS Agreement, and provides a legal framework for protecting the distinct identity of goods and services.

The process involves conducting a trademark search, choosing the correct class, preparing the application (Form TM-A), submitting it, undergoing examination, a publication and opposition period, responding to objections if any, and finally, issuance of a registration certificate.

Trademarks can be refused on absolute grounds (e.g., generic terms, descriptive marks, lack of distinctiveness) or relative grounds (e.g., similarity to existing marks, likelihood of confusion with well-known marks).

Trademark rights can be enforced through legal remedies such as injunctions and damages for civil infringement, and criminal penalties including imprisonment and fines for counterfeiting. Border control measures and anti-counterfeiting actions at customs also play a role.