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What is trademark? A Trademark is a unique sign, symbol, word, design or expression which is used to distinguish goods and services of one person from those of the other. In other words, a trademark is the identity of a brand. Further, from several judicial pronouncements shape of goods, colour combinations, sounds and smells are also recognized as trademark. In India, trademarks are governed by The Trademarks Act, 1999 (As modified and amended) & The Trademarks Rules, 2017. Whether it is necessary to register the trademark? To enforce trademark right, it is not necessary to register the trademark. An unregistered trademark can also be protected under common law; however, registration of trademark imposes several benefits on the owner of the trademark as follows: It helps the owner of the trademark to establish his/her prima facie case before court in case of infringement suit. It entitles the owner of a trademark for the benefits under The Trademarks Act, 1999. It prevents third p