Understanding the Essentials & Attributes of a Trademark

BlogTrademark    October 19, 2022
Understanding the Essentials & Attributes of a Trademark Posted On

The Trademark Rights have clearly explained the essentials and attributes of a trademark. A trademark exists in the form of an expression, slogan, or any other sign identifying the services or products of one business and distinguishing them from those of others in the market. It enables people to recognize your business with a name, symbol, color, or other unique combination.

As people associate a trademark with a brand or business, it serves as an intangible asset to your company or organization. As your products or services gain popularity, they might be misused and forfeited. That is why it is imperative to have your trademark registered. Having a Trademark Registration in place shall provide you with exclusive rights over its ownership and usage. A Registered Trademark helps optimize goodwill, safeguard brand value, and build trust. Moreover, it shall help you reach newer markets in your industry and hold your products or services in such markets.

Exploring the Essentials of a Good Trademark

A trademark offers face value to your brand or business. To establish goodwill and a positive reputation for your brand or business, you should settle for a unique trademark reflecting the quality and characteristics of your products or services. Besides, people find it easier to remember shorter trademarks than longer ones. The most crucial aspect in this scenario is that a trademark should be crafted in such a manner that it is easily differentiated from those of the competitors and should be registered to obtain protection.

Salient Attributes of a Trademark

Before selecting and registering your mark as a trademark, you must consider the attributes of a good trademark, which are as follows:

  • The mark you select should imply a brand, name, word, signature, label, color/combination of colors, or a blend of these attributes.
  • The mark selected should be easily recognized, spoken, and spelled. Doing the same shall ensure that the general public remembers and acknowledges it quickly.
  • The chosen mark must be short and simple since perplexing and lengthy trademarks are easily forgotten.
  • A good trademark is always unique in all its aspects. Therefore, the chosen mark should not be similar or identical to any registered or well-known trademark.
  • A crystal clear and concise mark ensures that the general public is not left in a state of doubt or confusion concerning the nature of the product or service offered.
  • In most scenarios, invented or coined words or some distinctive geometrical designs are referred to as the best trademarks.
  • The mark selected to be registered as a trademark should not reflect the concerned product’s description. One of the prime attributes of a good trademark is that it should be suggestive of the underlying quality.
  • If you are looking forward to registering a good trademark in India, you should choose a mark excluded from the list of the prohibited class, as mentioned in the Trademark Act of 1999.

How Can You Come Up With a Good Trademark?

To extract the many benefits a trademark can provide to your brand or your business, you should follow well the business and legal requirements of your company. A trademark acts as an asset and a pathway to establishing optimistic goodwill and a solid reputation for your brand or business. However, there are undoubtedly a lot of marks from which you can choose one. The aspects mentioned below can help you choose the right trademark:

  • Your mark must be necessarily related to the products or services for which you wish to make it work. To do the same, you must choose a unique mark reflecting the quality of the underlying products or services.
  • As mentioned previously, you must select a crisp, short, and simple mark.
  • The mark you choose in India should obey the Trademark Act of 1999. Any mark breaching the law shall not obtain approval.

Common Mistakes to Avoid When Choosing a Mark for Trademark Registration

To grab a good mark for trademark registration, we suggest that, at the very least, follow the guidelines mentioned below:

  • Avoid overly descriptive or suggestive marks since they are likely to be refused by the Registrar at the Trademark Office. 
  • Marks that are arbitrary and possess no connection with the concerned product or the service hold fewer possibilities of being accepted by the Registrar.
  • Avoid using any phrase, image, or word offensive to any minority, religion, gender, caste, or race.
  • Also, the Registrar shall reject any mark violating the Emblems and Names Act, 1950 in India.

*If you need assistance finding a suitable trademark for your brand or business and registering it in the Indian Sub-Continent, you may write to us at kashishipr@kashishipr.com!

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