How to select a good trademark for business in India

Introduction:

It is an essential step to search for a trademark before registration. This help in secure your brand and makes you stand out in the market. Trademark registration process becomes easier when your trademark is unique and special. It is easy to choose a legally strong trademark for the business by keeping some major points in mind.

Trademark Search

A trademark is a sign or combination of signs that identifies and defines the origin or source of goods and services and distinguishes them from one to another. Trademark search can be done by entering the word mark and the class in which the investigation is carried out. If a similar trademark exists, the newly applied trademark must be replaced, or a new name can be selected. it is possible to register the trademark when the brand name is unique.

How to Select A Trademark?

• Avoid that trademark that can’t be registered.
• Choose words that are hypothetical and arbitrary.
• Do not use descriptive or generic types of words.
• Avoid surnames.
• The strength of trademark matters.
• Do not use three-letter abbreviations or numbers.
• Do not use those words to confuse customers with another trademark.  
• Select a unique name, which are not related to your business.
• The trademark name must be easy to pronounce and also memorable.

How to Select A Unique Trademark?

You can choose your trademark name by the following ideas:

Invented names: Names that do not exist essentially in any language or multiple words or abbreviations of 2.

Plants and animal names: when we suffix or prefix plants and animal names to brand names that makes them unique and memorable. 

Unique names: to make a unique brand or product name, make sure that the first word is unique and the second word describes the goods and services you provide. This will help to give a unique name to your trademark.

Prohibited Marks

• Trademarks that might offend the religious feelings of any class.
• Trademarks that contain libelous and obscene material.
• Trademarks that contain the national emblem and the republic.
• Trademarks that are suspended by the International Nonproprietary Names Convention.

Major challenges while choosing a trademark:

There are mainly two major challenges that you can face while choosing a trademark.

Potential for confusion: while choosing the name of the trademark, confusion can be created because of a lack of knowledge and not understanding the subject. A difficulty arises mainly due to the presence of similar existing marks or related goods and services. If the selected trademark is identical to the existing registered trademark based on words, looks, sound, and meaning then it can create confusion among customers and might not be able to register.

Marking ability: marking ability decides the strength of a trademark.

Generic marks: words that easily define the class of goods and services. 

Descriptive marks: words that describe either the goods or characteristics of goods. It mainly gives adjectives to the trademark name.

Suggestive marks: words that suggest the meaning or qualities of the product but do not describe the goods itself. 

Fanciful marks: words that have no relation to the described goods.

Arbitrary marks: words that are innovative, creative in nature, and give no meanings to described goods.

ACID Test

The International Trademark Association (INTA) provides complete guidance with few rules regarding the proper trademarks. The proper trademark must pass the ACID test, which means, Adjective Consistent Identification Distinctive.

• Adjectives: The trademark must be used as an adjective, not as a noun or verb. If a trademark becomes popular in the market then people use that as a verb or noun, and that’s how it loses their unique nature. Many famous brands lost their adjective nature over time and are now being use as verbs or nouns. therefore, the trademark must be an adjective that defines the product and services. 

• Consistent: another important characteristic of a trademark is how precisely it is used each time. After the final layout, the trademark will be the face of a brand it should be use the same way every time. The name of the brand should be write in bold and capital letters with bright colours on every product in the same way.

• Identification: there is an International system of trademarks that was established to regularly mark the trademark. The “TM” symbol is denote as an unregistered trademark and the “R” symbol is denoted as a registered trademark. These symbols are mainly use to avoid legal issues. 

• Distinctive: The trademark name should be eye catchy, vibrant in color, and easily recognizable in the most crowded market. Dull colors, regular fonts, and generic terms might mix the new trademark with the existing trademark. The trademark needs to be fancy and in impressive looks. 

Conclusion

Choosing a unique distinctive name for the trademark is an essential step for the registration of a trademark. It gives a strong brand identity and reputation to the business. A strong unique name of a brand gives you a unique brand identity and it is for customers to differentiate your brand name from others.

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