CONFUSING TRADEMARK- A Lesson

The basic function of a trademark is to distinguish goods or services from one source from that of the other. The concept of distinctiveness is the hallmark of a trademark. The principle that “every trademark is a mark, but every mark need not be a trademark” needs to be understood. What makes a mark to graduate to a trademark is primarily the ability of a trademark to have distinctiveness in its function of creating an identity to goods and services of one person from that of the another.

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