HOW TO SELECT A TRADEMARK NAME – ITS IMPORTANCE

HOW TO SELECT A TRADEMARK NAME ITS IMPORTANCE

Selecting an appropriate trademark name is essential to get a hassle free registration. Not all names can be registered for all goods and services.

Main criteria for a trademark name getting registration are:

The word should be arbitrary or fanciful in nature. For e.g. Apple' name for computers and ipods. By no way will a customer will be confused for name Apple" being used for computers which is a fruit name, thus making the name Apple' for the goods as fanciful and distinctive.

The word should not be descriptive. For e.g. Orlwoola" was held to be descriptive for woolen goods as the word described the nature of the goods.

The word should not be generic. For e.g. name of a person unless having a mass recognition will not be registered.

The word should not have geographical indication or any mountain or river name, unless proven to be distinctive under the class to be registered. For e.g. "Magnolia" though a flower name could be registered as it was used for goods which had no connection with the origin of the name.

The word should not be names of chemical elements or international non proprietary names. For e.g. "Oxygen" cannot be used as a trademark name for mineral water.

The word may be suggestive that is it does not actually describe the characteristic or nature of goods or services but makes the customer use his imagination as to how the word may be associated with the goods or services.

No marks consisting of a line heading alone is registrable under the textile goods.

The word as far as possible should be an adjective than a noun or a verb and

should not be in a possessive form or plural form.

The word should be attributed properly with particular style, font, logo or symbol for better protection.

The word or logo should not represent the flag or name or symbol any country.

There is difference between brand name and company trade name protection. It is essentially not necessary that the brand name gives protection to the company name also as both need not be same. Therefore both have to be protected separately. In case of domain names also, by registering a domain name which is an internet protocol address doesn't mean one has got protection for company name. Hence, both have to be protected separately. To sum up, the word has to be distinctive to the nature and characteristics of the goods and services provided.

Many a times a trademark though distinctive in the beginning becomes generic later through the common usage by the mass. For e.g. band-aid' for adhesive bandages, Xerox' for making multiple copies, though these names were registered trademark but with time in use they have become generic and has lost its distinctiveness. It is difficult to stop such genericism in long run, but legally it is important that the trademark proprietor should be beware of using such words or names which may turn to be generic after constant usage, though this mostly depends on the public as to how they receive and treat the mark as.

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