What cannot be a trademark?

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.

Certificate Mark
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.

Collective Mark
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.

Trademark Filing – Process & Documents Required

When an outsider looks for startup business, the first thing they notice is the trademark. A trademark is  the identity of a business lies. It is the name and symbol under which a business undertakes its trade and commerce, which represents the company.

In India, trademarks are regulated by the Trade Marks Act of 1999. The Act aims to provide registration and better protection towards trademarks while preventing the use of fraudulent marks.

How to Choose a “Good” Trademark?

• The mark(s) should be easy to remember.
• It should be short and easy to spell and write.
• It may be aesthetically appealing.
• It should not ideally be descriptive in its nature.
• It can be fanciful and coined, to avoid confusion.

“APPLE/ASUS/DELL/HP/LENOVO” for computers are an example of a non-descriptive and arbitrary mark, which makes for good trademarks.

“KODAK” for cameras is a coined term; that also makes a good trademark.

“MICROSOFT” for software, “LAKME/AMWAY/AVON” for makeup, are all good examples.

Trademark Search

Before filing a trademark application, its recommended that a trademark search be conducted to know all similar or identical trademark applications filed along with its status. A trademark search can help reduce chances of the application being objected or opposed or refused.

Documents required for Trademark filing

To file a trademark application the following documents are required:

• Signed Form 48 – Form 48 is used to provide an attorney with authorisation to file your trademark application.
• Udyog Aadhar Registration Certificate – In case you would like to avail the lower trademark fee of Rs.4500. For Partnership Firms, LLPs and companies not having Udyog Aadhar, the government fee for trademark filing is Rs.9500.
• Incorporation certificate.

How to apply for a Trademark?

• Conduct a trademark search that will let you know if there are similar trademarks that are already registered.
• Apply for a trademark registration. You can do this by yourself through the Government website, or get a lawyer to do it for you. The procedure of application is laid down in the Trade Marks Act, 1999.
• An application number is allotted for every pending registration, which can be tracked on the website.
• If the application is accepted, it will be published in the Trademark Journal. If there are no oppositions, your trademark will be registered to you. However, if there are oppositions, there will be a hearing in the Trademark Hearing Office to decide on the final registration of the mark.

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