Why Trademark Is So Important Trademarks And types of Trademark – Indian Judiciary – Free PDF Download

MEANING

A trademark is an intellectual property that is depicted as a visual symbol, label, sign or design in order to represent a product by a manufacturer. It helps customers distinguish the products or services of one company from the rest. The owner of a trademark may be any entity viz an individual, company, partnership, or other groups of persons.

Qualities Of A Good Trademark

  • It must be capable of distinguishing the goods or services of one person from those of others.
  • It may include shape of goods, their packaging and combination of colours.
  • It should be easy to pronounce and remember if it is word mark.
  • In case of a device mark -should be capable of being described by a single word.
  • It was be easy to spell correctly and write legible.
  • It should not be descriptive.
  • It should be short.
  • It should appeal to the eye as well as the ear.

Types of Trademarks

  1. Generic marks: Generic marks are the marks that cannot be qualified as a trademark. They are words or symbols that communicate what type of product or service is being offered. “Email” and “modem” are generic terms.
  2. Descriptive marks: The descriptive marks are the marks that describe one or more characteristics and has a primary and secondary unique element. The descriptive mark evolves from what the brand represents.
  3. Suggestive marks: Suggestive marks are the marks which suggest something about the product. E.g. Jaguar, Ninja and Trip Advisor .These names suggest something about their company.
  4. Fanciful marks: Fanciful marks are the marks which are different and unique and they don’t compete with any other marks. E.g. Kodak, Nokia, Adidas.
  5. Arbitrary marks: These are the marks that do not resemble their name and product. E.g. Apple, Blackberry.
  6. Service marks: It is the same as a Trademark, but different because it provides services rather than the product. E.g. McDonald’s, Domino’s, etc.
  7. Trade Dress: Trade dress helps to identify the product. E.g. Bottle cap of Listerine.

 

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