Choosing a good trademark is very important for any business. We have to consider many points in choosing a good trademark.
1. It should be easy to speak, spell, read and remember.
Eg. Tata, Puma, Adidas
2. Avoid selecting a trademark that is identical to other trademarks in the same line of business. However, you may select a trademark that is similar, but not confusingly similar.
Eg. You cannot select “InventiveTree”, to sell IP services under that trademark, while an earlier trademark, “InvnTree” exists, and covers IP services. However, you can select “InnovationTree”, to sell IP services under that trademark, while an earlier trademark, “InvnTree” exists, and covers IP services.
3. Do not select trademarks that are similar to well-known trademarks.
Eg.Tata, Sony, Honda, Google,etc.
4. Avoid selecting descriptive marks that merely describe the goods or services.
Eg. “Coffee shop” for a coffee bar, “Fragrances” for a store selling perfumes, “Running shoes” to sell shoes
5. Avoid using popular family names.
Eg. ‘Aggarwals’, ‘Shetty’s’, ‘Kapoor’
6. Make the mark fanciful and arbitrary. It is always preferred to make up or invent new words or phrases or use ordinary words that are not directly associated with the product.
Eg. “Amul” for dairy products, “Myntra” for clothing.
7. Avoid selecting adjectives which have a direct reference to the character or the quality of a product.
Eg. “Perfect Apparel” for clothes, “Fast cars” for automobiles
8. Avoid selecting a trademark that is being used by someone else in a foreign country.
Eg. ”Banana Republic”, “Target”, “John Deere”
9. Avoid selection of Geographical names, as nobody can have a monopoly right over it.
Eg. “Darjeeling tea” to sell tea, “Banaras Silk” to sell sarees
10. Avoid adopting marks that contain scandalous or obscene matter or that are likely to hurt religious sentiments.
Eg. Use of holy books as trademarks are prohibited like “Ramayana” for incense sticks.
We hope this article was a useful read.
Please feel free check our services page to find out if we can cater to your requirements. You can also contact us to explore the option of working together.
Best regards – Team InvnTree
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