A ‘Mark` may consist of a word or invented word, signature, device, letter, numeral, brand, heading, label, name written in a particular style, the shape of goods other than those for which a mark is proposed to be used, or any combination thereof or a combination of colors and so forth. Subject to certain conditions, a trademark may also be symbolized by the name of a person, living or dead.
For the purpose of registration, a mark chosen should be capable of distinguishing goods or services of one person from those of the others. Further it should not be deceptively similar to an existing mark of another person and not the one expressly prohibited under the Act.
A Trademark is a mark used in relation to goods or services so as
to indicate a connection in the course of trade between the goods
or services and some person having the right as proprietor to use
The marks devoid of any distinctive character, or which are only indicative of the kind, quality, quantity, purpose, value or geographical origin of the goods, or which are marks already in vogue in the trade due to their customary use may not be registered. But these disqualifications do not apply to marks, which have already acquired distinction due to their popularity and consistent use.
1. Under modern business condition a trade mark
performs four functions:
2. It identifies the goods / or services and its origin.
3. It guarantees its unchanged quality
4. It advertises the goods/services
5. It creates an image for the goods/services.
1. If it is a word it should be easy to speak,
spell and remember.
2. The best trade marks are invented words or coined words.
3. Please avoid selection of a geographical name. No one can have monopoly right on it.
4. Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc)
5. Conduct a market survey for trademark to ascertain if same/similar mark is used in market.
1. Under the Indian trademark law the following
are the types of trademarks that can be registered:
2. Product trademarks: are those that are affixed to identify goods.
3. Service trademarks: are used to identify the services of an entity, such as the trademark for a broadcasting service, retails outlet, etc. They are used in advertising for services.
4. Certification trademarks: are those that are capable of distinguishing the goods or services in connection with which it is used in the course of trade and which are certified by the proprietor with regard to their origin, material, the method of manufacture, the quality or other specific features
Any person, small entity or large entity, claiming to be the proprietor of the trade mark used or proposed to be used by him, may apply