SELECTION OF TRADEMARK IN INDIA

Prepared by : DEEPALI LAKDAWALA B. COM, ACMA, CS +91 98256 69155 E Mail : deepalidl@hotmail.com

A trademark or trade mark is a distinctive sign or indicator of some kind which is used by an individual , business organization or other legal entity to uniquely identify the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities.

A trademark is a device which can take almost any form, as long as it is capable of identifying and distinguishing specific goods or services.

Meaning of Trademark

(for an Unregistered Trademark, that is, a mark used to promote or brand goods)

(for an unregistered Service mark, that is, a mark

used to promote or brand services)

(for a registered trademark)

A trademark may be designated by the following symbols:

A trademark is typically a name, word, phrase, logo, symbol, design, image, sound or a combination of these elements. There is also a range of non-conventional trademark comprising marks which do not fall into these standard categories , may therefore be visible signs (e.g. colors, shapes, moving images, holograms, positions), or non-visible signs (e.g. sounds, scents, tastes, textures).

Trademark According to Section 2 (zb) of the Trade Marks Act,1999, “trade mark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of packaging and combination of colours.” A mark can include a device, brand, heading, label, ticket , name, signature, word, letter, numeral, shape of goods , packaging or combination of colours or any such combinations

Trademark

Protects your hard earned goodwill in the business Protects your Name / Brand Name from being used in a same or

similar fashion, by any other business firm, thus discourages others from cashing on your well built goodwill

Gives your products a status of .Branded Goods. Gives an impression to your customers that the company is selling

some standard Products or Services The exclusive right to the use of the trade mark in relation to the

goods or services in respect of which the trade mark is registered. To obtain relief in respect of infringement (misuse by others) of the

trade mark. Power to assign (transfer) the trade mark to others for

consideration.

Advantages of Trademark Registration

Trademark Classification in India Trademark in India is classified in about 45 different classes, which includes

34 for Goods and 11 for Services They are chemical substances used in industry , paints,

lubricants machine and machine tools , medical and surgical instruments, stationary, lather , household, furniture, textiles, games, beverages preparatory material, building material, sanitary material , and hand tools, other scientific and educational products.

These classes again are further sub-divided. The main objective of trademark classification is to group together the similar nature of goods and services.

Trademark Classification in India

Trade Mark: protect brand for Goods and Services (E.g. TATA) Patent: protect inventions. (E.g. Engine, Motor cycle) Copyright: protect original work of the artist (E.g. Songs,

Music, Books) Domain Name: it is the web address of the business (E.g.

Google. Com, amazon.com). Business Name: it is the entity name under which you do the

business (E.g. Reliance.)

Meaning of Different Words

While selection of Trade Mark check likelihood of Confusion with another mark there can be rejection of Application

Similar mark: related goods & services look alike, sound alike, Similar meaning, Similar commercial impression.

E.g. T.Markey Shoes Tee Marqee ShirtsSounds identical and similar Goods. Can be rejected. So have a search for related Trade mark

http://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx

Points to take care for selection Trademark

From Weak to Strong Trade Mark ( Cold to Hot Mark): Strong trade mark prevent third –party use and easier to protect.

Weak Marks/ Cold Mark: Generic Mark :are generic words in capable of identify source

E.g. “Bicycle” for Bicycle, “Milk” for Dairy Products they are common and every day names and are not registered by themselves.

Descriptive Mark: terms give description of goods or services. E.g. “ The ultimate Bike Rack” for Bicycle rack, “Creamy” for

Yogurt they merely describe about feature or quality of goods or services.

Strength of Mark

Strong Marks: Suggestive Mark: they suggest quality or characteristic of

services without actually describing the goods or services E.g. “Quick ‘n’ Neat” for Pie crust or “Glance-a-day” for Calendar Regeistrable next to hottest and strongest mark.

Fanciful/ Arbitrary Mark: easiest mark to protect and strongest mark because they are inherently distinctive and immediately function as source identifier they are typically creative and unusual so it is less likely that other parties are using for relative goods and services.

Strength of Mark

A) Fanciful marks are visible marks are invented words with no dictionary or other known meaning E.g. Belmico for Insurance.

B) Arbitrary Mark are actual words with the meaning but words that have no association or relationship with the identify goods or services. E.g. Apple for Computer.

Choosing a Arbitrary Mark or Fanciful mark are great help to protect your mark they help to identify and distinguish them from goods and services of others. These type of Marks are immediately protectable.

Strength of Mark

Surname Geographically description Offensive Disparaging Deceptive An individual name without proper consent Title of Single Movie Title of single Book Ornamental etc. How it works at market place: It is easy to pronouns,

remember, spell

Other Factors for consideration for potential Refusal

Keep in mind but selecting a mark is one of the most important aspect of building a brand for your business It’s is the most visible outpost if your company and represent all the goodwill created by your long hours and hard work in lets consumers know that they see your mark they’re buying a quality product or hiring a dependable service.

Conclusion