What is a trademark?
The word, trademark means legally registered for representing a product or company . When competition is increasing, it becomes almost essential to differentiate your products or services from others.
The strive to stay in the market makes one concerned about their product’s quality. Trademark Registration concept may be quite new for Indians.
The Trade Marks Act, 1999 provides a platform for the registration of trademarks of goods and services, also provides the unique identification of the product and thereby also providing the manufacturer relief in case of infringement of his trademark.
This mark basically identifies the origin, material, quality, and characteristics of goods and services offered by a manufacturer from his competitors. It is also used in assessing the worth of labor in manufacturing goods or services.
These marks differentiate the members of a collective group, which can be a cooperative organization or an association.
What cannot be a trademark?
Few are the points for refusal in India –
Distinctive Nature – The measure of being unmistakable is considered bad in the Indian law. The sign of an item or administration which isn’t of an unmistakable sort would not be a trademark.
Names / Surnames – Names or surnames cannot be used as a trademark in India if they do not possess a distinctive character.
Numerical – Numbers can’t be used to be utilized as a trademark, as such. In specific cases, the courts in India have reasoned that numbers don’t have a particular nature connected to them, consequently, not fitting the bill to be a trademark.
Geographical Location – Geographical locations cannot be used as trademarks.
Color – The Trade Marks Act does not specifically refuse the usage of color.
Sound – Melodic notes as melodic documentations are acknowledged as trademarks in India, yet clamors, for example, pooch woofing can’t be a trademark.
Smell – It is difficult to distinguish between different smells. Smell cannot go through the process of Trademark Registration in India.
If you want to Apply for Trademark Registration, you can go with Apply Trademark.