Trademark is a form of Intellectual property. It is a design, sign, word or a logo that depicts the brand name. Trademark is a unique mark which shows the unique identity of a brand. It is an asset which makes the first impression on your audience. This can be located on a package, a label, or a voucher. Trademark can also be displayed on the building for the corporate identity.
Trademark is a mark of an idea which differentiates your brand from others. Trademark Registration is mandatory in India. In this selection of trademark is not enough but also the selection should be right since it is the one of most important thing in the brand building. Decision making in the selection of brand has a crucial role to play. This is because once you have chosen a particular mark it becomes hectic to change it. So, you should think many times before making a right decision in the selection of the right trademark.
What is Good Trademark?
Coin Words should be chosen which is not having any relation to the associated goods and services. For eg. Google, Yahoo, etc.
Unrelated word is mainly chosen to avoid objection. For eg. Apple, Asian paints do not have any relation with services and the product. Broader words will be considered under the scope of protection.
Words easy to speak, spell and remember are the good signs of the trademark. A trademark should easily be understood by the layman in the market or anywhere else.
Market surveyed words are most considered words for any type of trademark which helps to rapidly expand the business. Trademark registered under this are less objectionable.
There are some others features as well as which should be there in the trademark for eg. description in shorter form, legible, appealing to the eye, short, precise, etc.
Steps to Register Trademark
- Search the trademark
- Filing the application of trademark
- Conduct Trademark Examination
- Obtain Registration Certificate
- Trademark Renewal
For more information click Trademark Registration Process in India
What is a Bad trademark?
Full Name and Surname Trademark which having a full name or surname is considered to be a bad idea. A brand using person's surname may result in dilution of the brand name which can cause confusion about the source or quality associated with the brand.
Laudatory word- It is not considered good practice to have a laudatory word ie. having the direct reference to the character of product or service.
Descriptive words Most probably people make the common mistake by choosing a name related to the business or must describe the product or business. Basically, it is not considered under trademark registration in India. People try to opt for a descriptive brand name. Such brands are expressly prohibited under trademark laws of India. It is a word that clearly designates the place of origin of the goods or services.
What cannot be trademarked?
- Marks should not create any confusion between the Public
- Marks should not hurt any religious sentiment of citizen of India
- Marks should not have any obscene matter
- Marks that have been prohibited under the Emblems and Name
- Marks should not consist of the shape of the goods which results from the nature of the goods.
- There should not any generic term and abandoned marks.