Monday, April 18, 2011

A good trade mark

Selecting a good trade mark has become an essential pre-requisite for any growing business enterprise. A distinctive trade mark distinguishes the goods or services of one business from those of another.
A trade mark is considered to be good for registration if it is an invented word having no meaning. If the trade mark consists of colour get ups and artistic devices
it becomes unique for trade mark registration. Inventive words such as Xerox have proved to be well known for their distinctiveness and have successfully been registered as a trade mark.

 Words such as best, premium, No. 1 which simply highlight the character of the goods or services are not considered to be good for registration and may be refused registration.

Non-distinctive trade marks and trade marks that are common to the trade cannot be granted trade mark registration.

Marks that are primarily personal names, surnames, acronyms and mere alphabets or numerals are not considered to be eligible for trade mark registration in India. However, personal names and surnames can become distinctive if it is used for a long period of time, extensively and continuously. In such cases the trade mark is considered to have acquired a ‘secondary meaning’ in the trade and may become good for trade mark registration in India

For a trade mark to be good for registration, names of places, names of countries, or a name of a God should not be used.

A Trade Marks which is identical or similar to other trade marks may not get trade mark registration in India. In order to preclude the possibility of the existence of similar or identical marks, it is always advisable to conduct a trade mark search.

A good trade mark is always helpful for business growth, to earn more profits in the competitive business scenario. Biswajit Sarkar
Shayak Datta
Trade Mark Attorney