This note is only intended as a general overview and is not to be viewed as a substitute for legal advice. Brands & Bonds shall not be liable for any actions taken or not taken on the basis of this note.
It is to be noted that all ‘marks’ are not ‘trademarks’. A ‘mark’ could be anything, viz a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof.
A mark in order to qualify itself to be a trademark has to essentially satisfy the following two conditions.
Protection of trademark by way of registration has become an inevitable element for any business houses. The brands have a direct nexus and are correlative with the reputation of business houses. Value of the brand appreciates with reputation of the business and vice versa and could even lead to a value beyond the core business.
At most importance should be accorded in selection of a trademark. It should be kept in mind that the spectrum of legal protection is highly dependent on the type of mark selected.
Following five DO NOTs would help the business houses in selecting legally protectable trademark.
It is true that when a new product is launched in the market, a mark that could describe the product needs no further description or marketing and the customers could correlate with the product easily. But, such mark fails to accords bare minimum legal protection. Unfortunately, this happens to be the common mistake of mid and low sized business houses. The entry may be smooth, but soon it may face legal tides.
Following, in their respective order are considered to be legally ideal trademarks.
Identifying or creating a new trademark is indeed opening plethora of opportunity. Adequate importance should be accorded to the selection process. It is always recommended to have a legal opinion prior to finalising the trademarks.
Author - Vineed Abraham & Varghese K Paul
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