how to chose

HOW TO SELECT A GOOD TRAEMARK?

INTRODUCTION:

A trademark is one of the strongest point and attraction of a trade. A trademark helps to distinguish one business from another in the market to provide a better competition. Therefore, a strong trademark is very much necessary in the competition, a poor trademark will lead to dispute in the market and the business owner will suffer loss.

SELECTING A GOOD TRADEMARK:

There are certain steps which a business owner shall keep in mind while selecting a good trademark, such as:

• To avoid trademarks which cannot be registered according to Section 9 and Section 11 of the Trademark Act, 1999. Registering a trademark provides several benefits, one can bring a legal suit against the infringer. So, to being able to bring a suit against an infringer one needs to have a strong trademark.
• To have a distinctive trademark, so that the consumers in the relevant market can distinguish one product from another. Basically, the stronger the trademark the more distinct in nature.
• To avoid choosing trademarks which are well-known trademarks. For example, Puma, Rolex, Whirlpool etc.

In the case of N.R. Dongre and Ors. v. Whirlpool Co. and Anr., 1996 ;  the Hon’ble Supreme Court held that the Whirlpool Corporation was a prior user of its registered trademark and also it is doing business in 65 countries including India. The Supreme Court stated that the brand name is often advertised in Indian magazines. And also, everyone is familiar with name Whirlpool. The brand is a well-known trademark and that is why if the other party is allowed to do business in the name of same trademark, the prior user will suffer a loss as the products.

• To avoid choosing marks which are descriptive in nature. The mark should not describe the goods or services.
• To avoid marks which will cause confusion among the consumers in the market. A mark which is confusing in nature cannot be registered.
• To avoid marks which are consists of obscene or scandalous substances. Those mark will be rejected in the initial step itself.
• To avoid surnames or popular family names.

CONCLUSION:

That is why before going for registering a trademark one needs to do a proper search and also to consider all the conditions given under the Trademark Act in order to avoid rejection of a trademark.