trademarks-def

Trademark: Definition, Essentials, and Attributes

It is observed that with the persistent use of a brand name, the products start gaining recognition and popularity among the consumers. However, the popularity makes it accessible for copying it as it can be recognized by the number of people. Hence, it is always prudent to trademark your brand, name, or logo. It is important that the trademark used is exclusive that it can be distinguished from the other identical products. Let us learn what is a trademark and the attributes and essentials of a good trademark.

 What is a trademark?

A trademark is a brand name, a logo, a tagline, a visual symbol, numerals or a combination which once registered prohibits other people from using the same thus providing you legal protection from enemies who want to capitalize on your hard work.

Essentials of a good trademark:

An ideal trademark should be attractive in sound and appearance and define the quality of the product. Most importantly an ideal trademark should be made in such a manner that it can be different from other trademarks of the same class and should be able to be registered and protected. The few attributes of a good trademark are as follows :
  • A trademark must be a mark which consists of 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 convenient to speak and spell. A good trademark is such that people 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 the people also.
  • It shouldn’t be lengthy and complicated to be forgotten easily. If it is lengthy or complicated, people will not be able to memorize it and ultimately it will be forgotten.
  • It must be distinguished. It can be natural distinctiveness or acquired distinctiveness.
  • The best trademarks are invented words or coined words or distinct geometrical designs
  • It can only be suggestive of the quality of the products, but not informative
  • A good trademark should not be prohibited under the Trade Marks Act under the Prohibited classes of trademarks

Conclusion:

In the end, a trademark should be easy to remember whether it is a word, or any other feature like the colour combination, labels, etc. It shouldn’t be too lengthy and complicated, so that can be forgotten easily. It can only be suggestive of the quality of the products, but not informative; as it is opposed to the law to include words like pure, excellent, best, perfect, etc. A good trademark should not be prohibited under the Trade Marks Act under the P

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