Question

A trade mark is a visual symbol applied to articles of commerce with a view to distinguish the articles from other. It is in the form of

• A. A word
• B. A device
• C. A label
• D. All the above

Hint:

When dealing with Intellectual Property Rights (IPR), understand the basic scope of each type: Trademark (source identifier), Patent (invention), Copyright (original creative work), Design (aesthetic appearance of an article).

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks about the forms that a trademark can take. A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.

Step 2: Key Legal Provision:
The definition of a "mark" and "trade mark" is provided in the Trade Marks Act, 1999. Section 2(1)(m) defines "mark" to include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof.

Step 3: Detailed Explanation:
A trademark is a very broad concept. It can be any symbol that helps consumers identify the source of goods or services. The options provided are all common forms of trademarks:
- (A) A word: This includes brand names like "Google," "Nike," or "Coca-Cola."
- (B) A device: This refers to a design, logo, or symbol, such as the Nike "swoosh" or the Apple Inc. logo.
- (C) A label: This refers to the specific design of a label attached to a product, like the label on a bottle of wine.
Since a trademark can be a word, a device, a label, and many other things (including sounds, smells, and colors in some jurisdictions), all the given options are correct forms of a trademark.

Step 4: Final Answer:
A trademark can be in the form of a word, a device, a label, or a combination of these and other elements. Therefore, the correct option is "All the above."