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Qualities Of A Good Trademark For TM Registration In India

Published on 01 Jul 2019 by Shivi

For any Trademark application to be approved by the Trademark Registrar, best IPR experts say that the application must possess some distinct features and qualities. There are certain qualities of a Trademark that make it registrable and without those qualities, the Trademark application is susceptible to objection, opposition and rejection.

People are often unaware of the key features that must be there in a Trademark application to make it acceptable and face problems at the different stages of Trademark registration. Though it is not mandatory to follow the Trademark guidelines, the best Trademark experts suggest to follow them to the teeth.

Features of a Good Trademark

Here are the guidelines to qualities of a good Trademark that help in getting a Trademark registration easily in India:

  1. The Trademark must not be confusing or leading to doubts regarding the nature of the product or service.

  2. The Trademark must be simple, easy to pronounce, spell and read.

  3. If the Trademark is another language, it must be easier for the general public to translate it.

  4. The Trademark must not contain any word, image or some other part which is offensive to any caste, gender, age or religion.

  5. The Trademark must not be similar or deceptively identical to an already registered Trademark.

  6. The mark must be easily adaptable.

Features of a Bad Trademark

There are some characteristics that turn a Trademark into a bad mark and open to Trademark objection, Trademark opposition or rejection of registration application. These features include:

  1. Marks which are merely suggestive:  If a Trademark gives suggestion to the features of the products or services it represents, then the mark is considered to be bad Trademark. A suggestive Trademark is said to create an impression in the minds of the consumers about the qualities of the product or service. Such marks are not considered to be good marks and may receive Trademark objection from the Registrar.

  2. Marks which are Arbitrary: If the mark does not represent any relation with product or service, it is considered as an Arbitrary mark. 

  3. Marks using invented or made-up words: If a mark uses any coined words which have no meaning or relation with the product, the mark may be objected by the Registrar.

  4. Marks which are deceptive: If a mark is deceptively similar or resembling any existing Trademark, it is considered to be a bad mark as it directly or indirectly infringes the registered Trademark.

  5. Marks which violate the laws: If a mark violates the Emblems and Names (Prevention of Improper Use) Act, 1950, the mark is considered to be bad.

It is important to consult a good IPR lawyer in India before applying for a Trademark registration to ensure that the mark possesses qualities of a good Trademark. Without consulting an expert, you may end up spending more on sending a reply to Trademark objection or dealing with Trademark opposition. Legistify can help you with the complete Trademark search and Trademark registration online. Call us at 846-883-3013 or send us an email at [email protected].

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