Steps for Selection of trademark in india

1. Prepared by : DEEPALI LAKDAWALA
B. COM, ACMA, CS
+91 98256 69155 E Mail : deepalidl@hotmail.com

2.  A trademark or trade mark is a distinctive sign or indicator of
some kind which is used by an individual , business
organization or other legal entity to uniquely identify the
source of its products and/or services to consumers, and to
distinguish its products or services from those of other
entities.
 A trademark is a device which can take almost any form, as
long as it is capable of identifying and distinguishing specific
goods or services.

3. (for an Unregistered Trademark, that is, a
mark used to promote or brand goods)
(for an unregistered Service mark, that is, a mark
used to promote or brand services)
(for a registered trademark)

5.  Trademark According to Section 2 (zb) of the Trade Marks
Act,1999, “trade mark means a mark capable of being
represented graphically and which is capable of distinguishing
the goods or services of one person from those of others and
may include shape of packaging and combination of colours.”
A mark can include a device, brand, heading, label, ticket ,
name, signature, word, letter, numeral, shape of goods ,
packaging or combination of colours or any such
combinations

6.  Protects your hard earned goodwill in the business
 Protects your Name / Brand Name from being used in a same or
similar fashion, by any other business firm, thus discourages others
from cashing on your well built goodwill
 Gives your products a status of .Branded Goods.
 Gives an impression to your customers that the company is selling
some standard Products or Services
 The exclusive right to the use of the trade mark in relation to the
goods or services in respect of which the trade mark is registered.
 To obtain relief in respect of infringement (misuse by others) of the
trade mark.
 Power to assign (transfer) the trade mark to others for
consideration.

7.  Trademark Classification in India Trademark in India is
classified in about 45 different classes, which includes
 34 for Goods and 11 for Services
 They are chemical substances used in industry , paints,
lubricants machine and machine tools , medical and surgical
instruments, stationary, lather , household, furniture, textiles,
games, beverages preparatory material, building material,
sanitary material , and hand tools, other scientific and
educational products.
 These classes again are further sub-divided. The main
objective of trademark classification is to group together the
similar nature of goods and services.

8.  Trade Mark: protect brand for Goods and Services (E.g. TATA)
 Patent: protect inventions. (E.g. Engine, Motor cycle)
 Copyright: protect original work of the artist (E.g. Songs,
Music, Books)
 Domain Name: it is the web address of the business (E.g.
Google. Com, amazon.com).
 Business Name: it is the entity name under which you do the
business (E.g. Reliance.)

9. While selection of Trade Mark check likelihood of Confusion
with another mark there can be rejection of Application
 Similar mark: related goods & services look alike, sound alike,
Similar meaning, Similar commercial impression.
E.g. T.Markey Shoes
Tee Marqee Shirts
Sounds identical and similar Goods. Can be rejected.
So have a search for related Trade mark
http://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx

10. From Weak to Strong Trade Mark ( Cold to Hot Mark): Strong
trade mark prevent third –party use and easier to protect.
Weak Marks/ Cold Mark:
 Generic Mark :are generic words in capable of identify source
E.g. “Bicycle” for Bicycle, “Milk” for Dairy Products they are
common and every day names and are not registered by
themselves.
 Descriptive Mark: terms give description of goods or services.
E.g. “ The ultimate Bike Rack” for Bicycle rack, “Creamy” for
Yogurt they merely describe about feature or quality of goods
or services.

11. Strong Marks:
 Suggestive Mark: they suggest quality or characteristic of
services without actually describing the goods or services E.g.
“Quick ‘n’ Neat” for Pie crust or “Glance-a-day” for Calendar
Regeistrable next to hottest and strongest mark.
 Fanciful/ Arbitrary Mark: easiest mark to protect and
strongest mark because they are inherently distinctive and
immediately function as source identifier they are typically
creative and unusual so it is less likely that other parties are
using for relative goods and services.

12.  A) Fanciful marks are visible marks are invented words with
no dictionary or other known meaning E.g. Belmico for
Insurance.
 B) Arbitrary Mark are actual words with the meaning but
words that have no association or relationship with the
identify goods or services. E.g. Apple for Computer.
 Choosing a Arbitrary Mark or Fanciful mark are great help to
protect your mark they help to identify and distinguish them
from goods and services of others. These type of Marks are
immediately protectable.

13.  Surname
 Geographically description
 Offensive
 Disparaging
 Deceptive
 An individual name without proper consent
 Title of Single Movie
 Title of single Book
 Ornamental etc.
 How it works at market place: It is easy to pronouns,
remember, spell

14.  Keep in mind but selecting a mark is one of the most
important aspect of building a brand for your
business It’s is the most visible outpost if your
company and represent all the goodwill created by
your long hours and hard work in lets consumers
know that they see your mark they’re buying a
quality product or hiring a dependable service.