Selecting a Good Trade Mark

Selection of a good trade mark plays a very important role in brand development and creates great value for your business. One must follow certain criteria while deciding the trade mark for one’s product or service. Although this is to a comprehensive guide to selecting a trade mark but it does give a valuable insight on the subject.

  1. Select a mark that is not descriptive or generic of the goods or services.
  2. Avoid Surnames as they are not considered to be distinctive Eg. Bajaj or Kirloskar.
  3. Avoid selecting a mark which is likely to be rejected by the Registrar such as marks that are devoid of any distinctive character or which contain exclusively marks that others in the trade may use to designate the kind, the quality or purpose, value, geographical origin or time of production of the goods or services. The Registrar will certainly refuse registration of such marks. Also avoid marks that have become customary in the current language in the trade.
  4. You must also avoid marks that can cause deception or confusion or which may hurt religious sentiments of any person or marks that are scandalous or obscene, Eg. Deity names for alcoholic products.
  5. Take care not to use certain marks that are prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950, Eg. Ashoka Chakra.
  6. Shape of goods which results from the nature of the goods itself or which give substantial value to the goods is also an absolute ground for refusal of registration.
  7. Take necessary searches to avoid confusingly similar trade marks.
  8. Select a short and simple mark that is easy to remember and pronounce, Eg. Puma or Nike. Marks that are difficult to pronounce should be avoided.
  9. Select a mark that is not common or a mark that is invented and not a dictionary word Eg. Kodak or Xerox.
  10. Do not use adjectives that have a reference to the character of the products or those that are laudatory, Eg. Perfect and Best.

Selection of a trade mark is crucial for your future business prospects. A properly selected mark can create great value for your business in the long run.

If you are confused or require any additional information you may visit our website for more information or contact us to talk to one of our experienced attorneys.

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