WHAT IS TRADEMARK
Updated on : 2020-Nov-09 14:52:53 | Author :
what is trademark registration and what is a trademark?
A trademark could be a unique name, initials or logo that represents a brand. If you’ve been trying to find info on the patent law in India to understand what doesn’t qualify for trademark registration, browse through the following list. the following qualify as grounds for refusing a trademark, which suggests a business cannot utilize the following as a trademark symbol, logo, or name.
what is trademark: details discussion about the trademark grounds like without a particular nature, name and family name, colour, number, sound etc.
1. without a particular Nature
Since the complete purpose of trademark registration is completely differentiate|to tell apart} between different brands, nothing generic are often trademarked. The enrollment of generic logos has been prohibited under Section 9(1)(b) of the Trademarks Act of 1999. as an example, Apple, though a standard word, gains its distinctiveness from its reference to a computer company and therefore qualifies for a trademark.
2. Name/family name
Names and surnames can not be used for trademark registration in India, particularly if they {are|they're} lacking in individuality and are used fraudulently. within the Pratibha M. Singh v Singh Associates (2014) case, the court decided the conclusion that since Singh its can be a very common family name, it can't be reserved for a trademark by a selected individual.
3. Colour
Though the trademarks Act of 1999 doesn't forbid the use of colours as a trademark, the possibility of “colour deprivation”, leading to an unfinished pile of disputes in courts, has light-emitting diode the Indian written record and Courts to say no colour usage as a trademark. It’s necessary to recollect that the colour of a complete isn't just like a colour trademark. for instance, Cadbury’s purple colour has been protected by a trademark just for chocolate merchandise and might be utilized by alternative businesses.
4. Number
Numerals don't qualify for a trademark in India. they're disqualified on the grounds that they are doing not possess a particular character, that is that the most significant feature of a trademark.
5. Sound
‘Factual Distinctiveness’ could be a pre-requisite that has to be proven before a selected sound will be used for complete registration. Factual distinctiveness means that the immediate recall price of sound with relevance to the merchandise or service. as an example, Metro Goldwyn Mayer (MGM)’s Lion Roar could be a classic example of a sound mark.
6. Geographical Location
The name of a city, town or the other geographical location can't be used for trademark registration. If we glance into the case of Imperial Tobacco Company of India Ltd. vs. Registrar of logos (1968), we discover that the urban centre judicature turned down the usage of “Simla” as a trademark for being composite in character because it could be a well-liked hill station in India.
7. Smell
Since totally different scents aren't simply distinguishable and are subjective in nature, they can not qualify for a trademark.
- The patent law in India, that earlier covered solely tangible scientific inventions, has currently been extended to the protection of businesses also, under the Indian Patent Act of 1970. If you’re searching for professional trademark registration services in India, check-in for a free consultation with lenxtax.
- you’ve been trying to find info on the patent law in India to know what doesn’t qualify for trademark registration, read through the following list.
- while not a particular nature, name/surname, colour, number, sound, graphical location, smell.
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