Trademarks

Meaning :

A trademark is a any sign that individualises the goods of given enterprise and
distinguishes from goods of its competitors. Or in the other words trademark is a word
or symbol or combination of thereof used by the manufacturer or vendor in connection of
product or service.
In simple terms trademark is a symbol, word, or words legally registered or established
by the use of representing a company or product.
Ex: logo, emblem, signs, stamp, symbol, etc.
Features of trademarks:

1 Distinctive : Distinctiveness can be inherent or acquried . Inherent distinctiveness

means that is defined in itself and no one can justifiably claim its use.
ex; invented words like Rin for washing powder, SONY and AKAI for
electronics , etc.

2 Non -Descriptive word : It must be non-descriptive word. In other words, it can

be a word other than an invented word whether it is already existing or newly
coined

3 Not a Geographical name : It must not be a geographical name of a place .

geographical names of places are prohibited from being registered as trademarks.
This is because othe purpose of a trademark is to denote the origin of goods from
a particular trader.

4 Mark must not be deceptive: this means the mark must not specify by the name
that the product has certain quality or feature.
The characteristics of an ideal trademark :

1. It should be easy to speak, spell and remember .

2. It should be simple in design as well as attractive in appearance and sound.
3. The sound must be attractive .
4. It should be distinguishable .
5. It should express the desirable qualities of merchandise .
Types of trademarks :

There are basically four types of trademarks:

1 Non- conventional trademarks: There is also a new category of trademarks
called non conventional or non traditional although they are often very difficult to
register, they still identify the origin of the products or services offered by the
particular company . The main difference is this trademarks do not necessarily have
to contain words, symbols, logos , letters, or numbers.
Non conventional trade marks include marks based on visible signs sucg as shapes,
colours , moving images or non visible signs.
Non – conventional trademarks includes the following categories :
• Colour trademark
• Shape of goods, packaging

• Sound marks

2 motion trademark: A growing number of motion trademark are emerging, with

increase in the volume on online companies. These trademarks also known as
moving marks, movement marks, animated marks or moving images marks are
very difficult to register .
3 service trademark : These are the marks used in service business where actual
goods under the mark, are not traded . It is mechanism available to protect marks
used in service industry . Thus the business providing services like hotels ,
restaurant ,etc.

4 Collective mark : Marks are being used by a group of companies can now be
protected by the collectively. Collective mark is used to inform the public about
the particular feature of the product for which the collective mark is used. The
owner such marks may be an association or other public institution or co-
operative of which the enterprise is a member .
5 Certification marks : These are the marks used to define standards . The issue of
certification marks indicates that the product has successfully gone through certain
standard of test specified for a particular product. It assures the consumer that the
manufacturers have gone through regular process of audit to ensure the standard of
production
Thank you