New Delhi, Oct. 20 -- I am a 74-year-old man, running a business of spices for the past 40 years and both my legal heirs are involved in the business. We have a registered trademark for our spice brand. Our mark is generally termed as a "Family Trademark." How is it different from an ordinary trademark?

- Name withheld on request

The Trade Marks Act, 1999 (hereinafter referred to as the "Act") does not specifically classify or define "family trademarks". Trademarks used by and belonging to individuals or entities engaged in businesses owned or operated by family members are therefore subject to the provisions of the Act in the same way as other trademarks.

The difference lies in how the mark is held and used. Typically, in a family bus...