A good trade mark

Selecting a good trade mark has become an essential pre-requisite for any growing business enterprise. A distinctive trade mark distinguishes the goods or services of one business from those of another.

A trade mark is considered to be good for registration if it is an invented word having no meaning. If the trade mark consists of colour get ups and artistic devices

it becomes unique for trade mark registration. Inventive words such as Xerox have proved to be well known for their distinctiveness and have successfully been registered as a trade mark.

 Words such as best, premium, No. 1 which simply highlight the character of the goods or services are not considered to be good for registration and may be refused registration.

Non-distinctive trade marks and trade marks that are common to the trade cannot be granted trade mark registration.

Marks that are primarily personal names, surnames, acronyms and mere alphabets or numerals are not considered to be eligible for trade mark registration in India. However, personal names and surnames can become distinctive if it is used for a long period of time, extensively and continuously. In such cases the trade mark is considered to have acquired a ‘secondary meaning’ in the trade and may become good for trade mark registration in India

For a trade mark to be good for registration, names of places, names of countries, or a name of a God should not be used.

A Trade Marks which is identical or similar to other trade marks may not get trade mark registration in India. In order to preclude the possibility of the existence of similar or identical marks, it is always advisable to conduct a trade mark search.

A good trade mark is always helpful for business growth, to earn more profits in the competitive business scenario. Biswajit Sarkar

Shayak Datta

Trade Mark Attorney

Patent Attorney

The protection of intellectual property has become an important facet in the modern business era. It comprises of Patents, Trade Marks, Copyright, Design and Geographical Indications. A patent is a monopoly right granted by a Government to an inventor  for a fixed period of time in lieu of disclosure of the invention he proposes to patent.

It is always advisable to enlist the services of a patent attorney for ensuring whether the invention is patentable. A skilled patent attorney may be able to accurately opine whether an invention is patentable or obvious. In case the invention is found to be non-obvious then a worldwide patent search must be conducted.

An application may be prepared and filed if it is found that there are no similar inventions already on record. At the time of filing the application, a patent specification is to be filed along with the application. A patent specification describes the invention. In case the complete patent specification cannot be filed at the time of filing the application, the law stipulates that a provisional specification may be filed which need only describe the invention broadly. However, it is mandatory to file the complete specification which discloses the invention fully within the prescribed time. It is advisable to enlist the services of a patent attorney having the requisite knowledge to draft the specification, as it is a very technical and complex document..

After the application is filed, it is examined and objections are raised by the Patent Office. The objections raised must be replied appropriately. Since the reply involves matters of a technical nature it is important to employ the services of a skilled patent attorney who may be able to reply to the objections accurately.

The Patent Office then advertises the invention and any aggrieved party may oppose the application by initiating opposition proceedings against the applicant. Opposition proceedings entail written arguments from both sides and hearings have to be attended to.

Finally, even after registration, the services of a patent attorney may be enlisted in order to pay the renewal fee for a registered patent.

A good trade mark

Selecting a good trade mark has become an essential pre-requisite for any growing business enterprise. A distinctive trade mark distinguishes the goods or services of one business from those of another.

A trade mark is considered to be good for registration if it is an invented word having no meaning. If the trade mark consists of colour get ups and artistic devices

it becomes unique for trade mark registration. Inventive words such as Xerox have proved to be well known for their distinctiveness and have successfully been registered as a trade mark.

 Words such as best,premium, No. 1 which simply highlight the character of the goods or services are not considered to be good for registration and may be refused registration.

Non-distinctive trade marks and trade marks that are common to the trade cannot be granted trade mark registration.

Marks that are primarily personal names, surnames, acronyms and mere alphabets or numerals are not considered to be eligible for trade mark registration in India. However, personal names and surnames can become distinctive if it is used for a long period of time, extensively and continuously. In such cases the trade mark is considered to have acquired a ‘secondary meaning’ in the trade and may become good for trade mark registration in India

For a trade mark to be good for registration, names of places, names of countries, or a name of a God should not be used.

A Trade Marks which is identical or similar to other trade marks may not get trade mark registration in India. In order to preclude the possibility of the existence of similar or identical marks, it is always advisable to conduct a trade mark search.

A good trade mark is always helpful for business growth, to earn more profits in the competitive business scenario. 

Shayak Datta

Trade Mark Attorney