In this competitive era of business growth and expansion selecting a good trade mark has become the cornerstone of any successful business venture. A trademark distinguishes a business entity’s goods or services from those of another. Although it is not mandatory, but registration of a trade mark is very helpful in taking action against any infringement in the legal proceedings.
A good trade mark should have certainly the distinctive character which is not highlighting the nature or character of the goods or services associated with. A trade mark can be good for registration, when it is a coined word or a non-dictionary word. Fanciful words having no specific meaning can easily pass through the proceedings of trade mark registration in India.
A trade mark can be unique in nature if it is an inventive word, and as an added value it should comprise of color get-ups and artistic devices. Thus it becomes unique for trade mark registration. As an example, inventive words like Xerox or Kodak has become world famous trade mark for its distinctiveness and have successfully achieved trade mark registration.
A word which is an adjective and highlighting the character of the goods or services cannot be registered as a trade mark. Such as best, gold, premium, supreme, No.1 etc. are not allowed for the trade mark registration.
A trade mark which is common in the trade and not distinctive, is denoted as generic trade mark and no trade mark registration can be granted in favour of such mark.
Personal names, surnames, acronyms and mere alphabets or numerals are not at all eligible for trade mark registration in India. But such personal names or surnames can achieve distinctiveness for prolong use in the business and for its extensive use as well as popularity among the public, it may pass through the trade mark registration process in India. For more details please log on to http://www.iplawsindia.com
Article Source: ActuaFreeArticles.com
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