“An average person sees or hears more than 1500 trademarks each day”
– WIPO
A Trademark is a sign or symbol that differentiates a product or service from others. It gives a unique identity to the product or services. For e.g. whenever we hear or see the word ‘Lakme’, we immediately connect it to a brand of cosmetics. Trademark not only provides identity but also attaches emotions to the product. A trademark also carries with it an image of the business or service. The quality a consumer experiences with the trademark. If a person eats a burger which is packed in a McDonald pack, the consumer will expect a standard quality from that burger, the quality that McDonald’s provide. Hence it very much important to protect a trademark. But this protection is not available to each and every mark. There are certain guidelines that have to be followed while registering any mark for Trademark Protection.
Here is my favorite book for cyber law and you get it for discount if you go through us
Information Technology Law and Practice- Cyber Laws and Laws Relating to E-Commerce
THE ESSENTIAL FEATURES OF A TRADEMARK: The concept o a trademark is almost uniform in all of the countries. The two basic criteria are
- It has to be Distinct– it must be clearly different from other marks.
- It must not be deceptive– the mark should not be misleading or confusing. For example, the trademark of Lenovo is written with silver shade if a mark uses same words but changes the shade then also it can’t be registered trademark as it will create confusion in the mind of the consumer. Reading the word Lenovo the consumer will recall the Lenovo brand that is in personal & business computing.
These two features lay the foundation for deciding whether a mark can be registered as a Trademark or not. On the basis of these two features following Principles are made for Trademark Protection:
Principles of Trademark Protection:
- As trademark protection provides monopoly rights to the proprietors, certain word is not allowed to be used as Trademarks like name, surname and descriptive words can not be registered as Trademarks.
- The marks that can mislead the public can not be registered as Trademark.
- The mark that is similar to the mark which is already registered can not be registered for Trademark.
- A mark that is similar or identical to the mark being used other product or services, cannot be registered for Trademark.
- The life of a registered trademark depends on its use. If it’s not used for a longer period then its registration is canceled.
- A trademark is treated as a property and like property, it can be assigned or transferred to another person.
- Before registering any mark as a Trademark it is published so that if anyone wants to oppose it can do so.
