The trademark- Essentials and Attributes of a good trademark
Essentials and Attributes of a good trademark
It is observed that with the prolonged use of a brand name, the products start gaining recognition and popularity among the consumers. However, the popularity makes it available for copying it as it can be recognized by the end number of people. Hence, it is always wise to trademark your brand, name or logo. It is important that the trademark used is unique that it can be distinguished from the other identical products. Let us understand what is trademark and the attributes and essentials of a good trademark.
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What is a trademark?
A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others.
Essentials of a good trademark
An ideal trade mark should be attractive to sound and appearance and suggest the quality of the product. Most importantly an ideal trademark should be made in such a manner that it can be distinctive from other trademarks of the same class and should be able to be registered and protected. The following are the few attributes of a good trademark that should be considered before Trademark Registration.
- A trademark must be a mark which includes a device, heading, brand, label, ticket, signature, word, letter, name, numeral, packaging or combination of colors or any combination of the above attributes.
- It should be easy to speak and spell. A good trademark is such that the public can easily spell and speak.
- It should be easy to remember. A good trademark that is easy to speak and spell can be easily remembered as well. So that it becomes easy for public to
- It should not be too lengthy and complicated to be forgotten easily. If it is lengthy or complicated, people will not bother to take the effort to memorize it and ultimately it will be forgotten.
- It must be distinctive. It can be natural distinctiveness or acquired distinctiveness.
- The best trademarks are invented words or coined words or unique geometrical designs
- It can only be suggestive of the quality of the products, but not descriptive
- A good trademark should not be barred under the Trade Marks Act under the Prohibited classes of trademarks
Ultimately a trademark should be easy to remember whether it is a word, or any other feature like color combination, labels, etc. It should not be too lengthy and complicated to be forgotten easily. It can only be suggestive of the quality of the products, but not descriptive; as it is against the law to include words like pure, excellent, best, perfect, etc. A good trademark should not be barred under the Trade Marks Act under the Prohibited classes of trademarks.
Suggested read: Types of the Trademark that can be registered in India
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