TRADEMARK: MEANING AND FEATURES
A mark which is used to trade goods or service is known as a trademark. A mark can be in any form such as word or logo, image or combination of any. It is also known as a brand. It distinguishes the product from a competitor. For example, Coca-Cola and Pepsi are the brands of the soft drinks of different companies. The customers can easily recognize the products from their brands.
Key Features of a Good Trademark
A brand name must be unique enough to get the trademark registration. If it is similar to any other trademark then it cannot be registered. Even the consumers will be confused between the fake and original brand name. If the brand name is unique then it will get registered in the minimum period without facing any hindrance.
- Coin word
The brand name must not be a dictionary word that falls under the same class of trademark. For example, the brand name “Pencil” cannot be used for product pencils. As pencil is the dictionary word which is world widely used for the pencil, hence “Pencil” cannot be trademarked for selling pencil itself. A brand name can be a coined word that is newly framed with a combination of two or more words.
The brand name must be short and easy to pronounce to be a good brand. Because such brand names easily hit the mind and become easy to remember for the customers.
The brand name must not show the quality of the product or service. It must not be descriptive. Such as brand name “Pure Ghee”, here the pure shows the quality of the product. Hence, the brand becomes descriptive and cannot be registered under the Trademark.
There are some words which are prohibited by the government; such words cannot be used in a brand name. Further, the words which are against any caste or religion cannot be used in a brand name. There are some words that can be only used by government personnel such as Ministry, Embassy, etc., cannot be used in a brand name.
A word to be considered as a good brand name which can be trademark must contain all such features which are listed above. If the brand lacks any of the features then the Trademark Ministry will raise an objection and it may end up a long process that may result in rejection of a trademark. So one must consider all such points while selecting a brand name for a smooth Trademark registration process.