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What are the essentials of trademark?

What are the essentials of trademark?

Essentials of a good trademark

  • 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.
  • It should be easy to remember.

What do trademarks protect?

A trademark protects the specific, unique name, logo, and symbols pertaining to your products or business brand. Trademark protection may apply to business names, symbols, logos, sounds, and even colors that are emblematic of one specific brand.

Which is not a requirement for registration of a trade mark?

Absolute Grounds For Refusal Of Registration Trademarks which do not possess any distinctive character. Distinctive character means trademarks which are not capable of distinguishing the goods or services of one person from those of another.

Which act of law in India protects trademarks?

India Code: Trade Marks Act, 1999. Go! Long Title: An Act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks.

What are the three types of trademark?

Types of Trademark in India

  • Word Marks. Word Marks are the most common types of trademarks that are registered in India.
  • Service Marks. Service Marks represent the service which a company or business deals in.
  • Logos and Symbols.
  • Shape of Goods.
  • Series Marks.
  • Collective Trademarks.
  • Certification Mark.
  • Geographical Indicators.

What are the rights of trademark owner?

The registered owner of a trademark will get a legal remedy just in case of infringement of the trademark within the manner provided by the Trade Marks Act, 1999. The owner could get an injunction and, at its possibility, either damages or an account of profits by instituting a suit against the alleged infringer.

What are the three types of trademarks?

What you’ll learn:

  • Arbitrary and Fanciful Trademarks.
  • Suggestive Trademarks.
  • Descriptive Trademarks.

How do trademarks protect consumers?

Trademark law works protects consumers in both a narrow sense (by protecting them from being deceived into buying products they do not want) and a broad sense (by allowing consumers to rely on source indicators and thereby reduce search costs in the market generally).

How do I pick a trademark name?

Selecting a legally strong trademark is as simple as following these simple rules.

  1. Avoid Trademarks that cannot be Registered.
  2. Avoid Surnames.
  3. Avoid Confusing Trademarks.
  4. Avoid Purely Descriptive Words.
  5. Avoid Generic Words in a Trade mark.
  6. Avoid TLA’s (Three Letter Acronyms) and Numbers.
  7. Use animal or plant names.

What names Cannot be trademarked?

What Can’t Be Trademarked?

  • Proper names or likenesses without consent from the person.
  • Generic terms, phrases, or the like.
  • Government symbols or insignia.
  • Vulgar or disparaging words or phrases.
  • The likeness of a U.S. President, former or current.
  • Immoral, deceptive, or scandalous words or symbols.
  • Sounds or short motifs.

Which is the first trademark in India?

The first registered trade mark in India is not traceable. However, the earliest trademark traceable is trademark No. 10 granted by Kolkata Trade mark Office on 1st June, 1942 for the mark BLACK AND WHITE (Device) to James Buchanan & Company Ltd.

Is logo a trademark?

Generally, logos and designs that are used as brand identities for representing businesses are protected as trademarks. As they are original artistic works that have an element of creativity, they are also protected as copyrights.

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