Registrable vs

Non-
Registrable
Trademarks

Sandeep TK
• Trademark means “a mark capable of being
represented graphically and which is capable
of distinguishing the goods and services of
one person from those of others and may
include a word, combination of numbers,
shape of goods, packaging, sounds and/or
combination of colours”.
• To register a trademark a trademark
application must be filed in India with the
Registrar of Trademarks. a trademark
application must be filed in India with the
Registrar of Trademarks.
 • Registrable marks are those marks
that can be represented graphically
and marks that are capable of
distinguishing itself from other
person’s goods and services.
Registrable Registrable marks according to the
Marks TRIPS agreement states that “any
sign, or any combination of signs,
capable of distinguishing the goods
or services of one undertaking from
those of other undertakings, shall
be capable of constituting a
trademark”.
 • Names
• Invented / Coined Words
Following • Numerals

marks can be • Letters

• Devices
registered under • Slogans

the Indian Trade

• Signature
• 3D Mark

mark law:- • Combination of colors

• Shape of goods
• Sound
• Smell Marks
 • The marks that are not distinctive
enough from other marks and
which cannot be registered as a
Non- trademark are called Non-
Registrable marks. This means
Registrable that the mark has failed to
differentiate itself from other
Marks goods and services. Hence,
trademark registration cannot be
obtained for non-registrable
marks.
Examples of Non-
Registrable Marks
Marks consist of subject
Marks that cannot be
Marks that mislead or matter that hurt the
accepted according to
tends to cause religious senses of any
the law of Trademark
confusion to the public. class or sections of the
Act.
Indian citizens.

Marks that are banned Marks of the goods

Marks that contain
under the Emblems and whose shapes are
improper or vulgar
Names of Prevention of directly obtained from
subject matter.
Improper Use Act, 1950. the nature of the goods.

Marks of the goods

Marks that are similar in
whose shapes are
identity to another good
important to acquire a
or product
technical result.
• ASHOK CHAKRA, DHARMA CHAKRA