Trademark

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.

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. Internationally acclaimed brand names are freely available for use in India.

What can be registered as trademark?

  • Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.

  • An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.

  • Letters or numerals or any combination thereof.

  • The right to proprietorship of a trade mark may be acquired by either registration under the Legislation or by use in relation to particular goods or service.

  • Devices, including fancy devices or symbols.

  • Monograms

  • Combination of colors or even a single color in combination with a word or device

  • Shape of goods or their packaging

  • Marks constituting a 3-dimensional sign.

  • Sound marks when represented in conventional notation or described in words by being graphically represented.

 
     
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