Prakash Yedhula
(Lawyer)
05 June 2008
A trade mark, is an identification mark which may be a word, a device, a label, a name brand, heading or numeral etc. or a combination thereof used to enable the purchaser to distinguish one trader's goods from similar goods of other traders .A trade mark connects particular goods in the minds of people to particular manufacturer.
A trade mark (popularly known as brand name) in layman's language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.
The legal requirements to register a trade mark under the Act are:
v The selected mark should be capable of being represented graphically (that is in the paper form).
v It should be capable of distinguishing the goods or services of one undertaking from those of others.
v It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.
How to select a trade mark?
· If it is a word it should be easy to speak, spell and remember.
· The best trade marks are invented words or coined words.
· Please avoid selection of a geographical name. No one can have monopoly right on it.
· Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc)
· It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.
