How to Choose Your Trade Mark, how to select trademark, Select a Logo, Select a Brand, Choose a Brand Name, service name, product name, Select a Business Name

A patent protects your investment in an invention. Copyright covers your effort in a literary or artistic work. Trademarks protect your investment in identifying a product or service to the marketplace. A trademark is a word, phrase, symbol, brands, devices, labels or combination thereof used or proposed to be used by manufacturer of goods or provider of services in order to identify a product or service in the marketplace. This covers logos, marketing slogans, brand and trade names etc.

While choosing a trademark, it is very important to know whether the same is capable of registration. Nearly 40% of trademark applications are not finished because of the objections raised during the registration process. Therefore, a trademark should be selected very carefully. Following points should be kept in mind prior to the regisration of a trade mark.

• A trade mark may consist of the name of your company, individual or firm represented in a particular manner or invented words.

• Your trade mark should be descriptive of the goods or services for which it is going to be registered.

• It should be capable of distinguishing your goods or services from those of another person.

• It should not be identical to or deceptively similar to a trademark which is already registered by somebody else or pending before Trademark Registry.

• The continuous use of your trademark should not be likely to deceive the public or cause confusion.

• It should not contain any matter that is likely to hurt the religious feelings of any section of society.

• It should not comprise any scandalous or obscene matter.

• Your trademark should not contain indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or other characteristics of the goods or services.

Illustrations:

• The word JOHNSON was allowed registration as trade mark for powerloom dhotis in spite of opposition by users of JOHNSON in respect of cosmetics, pharmaceuticals, sanitary towels, napkins and surgical goods etc. JOHNSON has also been registered as a trade mark by others in various classes.[ Johnson & Johnson v. Jaybharat Textiles 1982 PTC9(TMR)]

• SAFEMIX for thermostatically controlled valves for mixing hot and cold water was held likely to cause purchasers to believe that the goods were safe to use while the same may not be true.[ Safemix Tm. (1978)FSR21]

• The mark ITALIA for motor cars was allowed registration on the evidence of distinctiveness[ Italia Fabrica Appln. (1910)27 RPC 493] while INDIA refused registration in respect of electric fans in spite of evidence of acquired distinctiveness.[(1945)49 CWN 425]