Trademark Laws in India

Trademark is a Brand name. It can either be any name, symbol, logo, device and slogan which is primarily used to both identify and distinguish the goods or services of one person from that of the other. Eg. The logo of Mcdonald, Coca Cola, Nike etc. The purchasing decision of a person is highly influenced by the trademark and the reputation or goodwill associated to it. In this course, we will study the evolution of Trademarks, the development of the concept, Trademark as Asset etc.

Trademarks are of several kinds like Product marks, Service marks, Collective marks, Certification marks, etc. The purpose of a Trademark is the same irrespective of its kind. It allows the consumers to make a distinction between the sources of the product or the service and make an informed decision regarding their choice of purchase.

As per the Trademarks Act, 1999, it is not mandatory to get a mark registered in the course of its lifetime; however, it is advisable to get it registered as it provides certain advantages to the owner of the mark. The Registration process and the advantages associated with it have been thoroughly explained in detail in the course.

The concept of Genericide (Generic Mark), Abandonment of a mark and Infringement of a registered trademark, has been comprehensively discussed in the course. The relationship between Trademark and Advertisement has been made understood through a full-fledged module covered under the course.

Further, the Trademark protection prevailing at an International level through various Conventions and Treaties has been extensively outlined. The learner will be able to understand the use of a Trademark as a Collateral Security for Loans and Asset Management.



After completion learners will be able to:

  • Understand the meaning, scope and concept of Trademarks;
  • Comprehend the process of Trademark Registration and the advantages associated to it;
  • Identify the various kinds of Trademarks in India as per the Trademarks Act, 1999;
  • Analyze and understand the concepts of Abandonment and Genericide;
  • Explain the relationship between Trademarks and Advertisements;
  • Discuss the several Conventions and Treaties for Trademark Protection at an International level; and
  • Describe the procedure of utilizing the Trademark as a collateral security for Loans and Asset Management.


  • Module 1 – The Law of Trademark
  • Module 2 – Trademark Basics
  • Module 3 – Trademark Registration Process and Registration Procedure
  • Module 4 – Loss of Trademark – Genericide & Abandonment
  • Module 5 – Infringement, Dilution and Remedies
  • Module 6 – Advertising
  • Module 7 – International Aspect of Trademark Protection
  • Module 8 – Trademark as a Security for Loans and Asset Management
  • Module 9 – Appendix
  • Certification Exam/ Assessment

Possess property that you wish to give to a loved one upon your passing? Want to assign a guardian to your children during your absence? A Will is your fix to make sure there is no mix! The common misconception is that your belongings, upon your passing, will directly go to your next of kin, but this is not the case. In India, households have disputes with regard to asset distribution. Thus, creating a Will ensures that the asset distribution in the family is as per your wish and there are no disputes. Most of the times, lawyers draft the final Will of a person, making it important for them to understand the concept well. This course dispels common misconceptions on drafting a Will. Terminologies associated with creation of Wills, along with types and clauses that make a Will valid, are discussed in great detail. Sample formats of Wills have also been provided to help you understand and provide you pointers on how to draft your own Will. The course is also helpful for lawyers as they are able to advice those in need.



After completing this course, you will be able to:

  • Identify what a contract is, its purpose and significance
  • Learn how to form a contract keeping in mind its essentials
  • Recognize the different types of contract including special contracts
  • Assess the contractual breaches and available remedies
  • Draft a contract with important clauses


  • Module 1 – Introduction to Law of Contracts
  • Module 2 – Essential Requirements of a Contract
  • Module 3 – Legal Object, Lawful Consideration and Free Consent
  • Module 4 – Types of Contract
  • Module 5 – General Contracts – Components and Drafting Guidelines
  • Module 6 – Essential Clauses of a Contract
  • Module 7 – Elements of Contract Drafting & Negotiating a Contract
  • Module 8 – Drafting the First Draft, Stamping & Registration
  • Module 9 – Discharge of a Contract
  • Module 10 – Breach of Contract – Remedies & Dispute Resolution Methods
  • Module 11 – Mitigation of Damages and Cancellation of Contracts
  • Module 12 – Drafting Guidelines for Various Types of Contracts
  • Module 13 – Contract Law - In a Nutshell
  • Module 14 – Appendix
  • Certification Exam


  • Intellectual Property Attorneys
  • Lawyers
  • Academicians
  • Bankers
  • Enforcing Agencies
  • Officers involved in the Trademark Registry
  • Officers involved in conducting investigations
  • Law Students
  • Anyone, who is interested in the field

Level: Beginner

Language: English

Duration: 6 Months


Learners must score a minimum of 60% in the Certification Exam at the end of the course to obtain the certificate. They will have 5 attempts to clear the exam.

About the Author

Rajalakshmi V Nesargi is an attorney with more than 15 years of experience and holds LLM in Intellectual Property from Franklin Pierce Law Center (now University of New Hampshire), USA. Ms. Nesargi has extensive experience working with IT, neutraceutical and startup companies in the US and in India. She brings to the table, experience in strategic advising on IP asset creation, management and creating strategic alliance partnerships. She has extensive experience in drafting and negotiating IP related license agreements including joint development, material transfer agreements and technology transfer agreements and has experience in advising companies on IP prosecution and sponsored research and has authored articles on Copyright in Music Industry and actively participates in educating institutions and individuals about IP related protection and investment.

She has been assisted in authoring this course by Ms. Namrata Dubey a recent graduate from Institute of Law, Nirma University, Ahmedabad, has contributed with her research work.

Maryam Aseef Ibrahim is a third year law student of National University of Advanced Legal Studies, Kochi.