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Features of Trademark ! You Must Know

A trademark or the brand name is only visual distinguishing proof of products presented by the owner of the brand name. So, if you are wondering what could be the features of trademark for trademark registration online, let me help you with that.

A brand name, when enrolled, covers names, trademarks, logos, expressions, words or words, letters or letters, shading or colours, and comparative identifiers that show the products or the owners.

Features Of Trademarks

A few important features of trademarks are as follows.

Trademark can be a design logo.

Combination of alphabets or words

The mixture of sound shapes or colours

Trademark copyrights can differ from country to country.

Trademark can also relate to the colour, product or genre of the brand. For example, CCD stands for cafe coffee day which is a coffeehouse company. Moreover, it clearly states the domain of the company.

They can be anything product, company, logo, design, idea, or even name.

Trademark can be a good carrier of information of a product or the market value and the credibility of the product.

It is also used as the authenticity of the product to differentiate from the similar variety in the market. Also, the duplicates of the same product.

Trademark protects by a set of laws and jurisdiction which can't be violated and gives the security with regards to the misuse of brands name or the product in any illegal way.

HOW TO CREATE A UNIQUE TRADEMARK?

The trademark should be up to the standard of the company or the product and should also be eye catchy enough to get the attraction of the customer which can also make itself standalone from other of similar type.

A trademark should have the following attributes to be standalone.

Distinctive Features

A trademark must be distinguishable. This implies that the trademark must possess a unique and appealing feature that sets it apart from other signs. In addition, individuality can be classified as either inherent or acquired distinctiveness. Inherent distinctiveness occurs when a trademark is distinct in and of itself, and no one can legitimately claim its usage. The term "acquired uniqueness" refers to a trademark's distinction that has developed over time as a result of its use. One of the most important trademark characteristics for firms or entrepreneurs to remember is uniqueness.

Creatively unique

Another important trademark characteristic is that it must be non-descriptive. This means that if the trademark is a word, it does not have to be a newly formed or existing word. It can even be a geometrical pattern. The trademark must be brief and evocative of product quality, but it must not be descriptive, elaborating on the goods or services' attributes.

Easy to Recognize

A trademark should be simple to spell and pronounce. It is one of the most obvious trademark characteristics to consider when creating a trademark for a company or product. The trademark is easy to remember and speak since it is simple to spell and pronounce. Furthermore, the trademark should not be overly long or complex, as this will make it difficult to remember.

A trademark should include a unique heading, brand, signature, word, number colour, or any combination of the above-given attributes

It Should be easy to remember, speak or recognize and impactful to the minds.

A trademark should not be lengthy or hard-spoken as the customer will not take that much effort to lean towards your brand if it doesn't make them comfortable with regard to the name.

Last but not least Trademark should not violate the guidelines of the trademark act.

Some Salient Features of Trademark Act, 1999

Providing registration for trademark and services.

Providing for an appellate board for speedy disposals of appeal.

Enhanced punishments of trademark offences.

Increasing renewal period to 7-10 years.

Benefits of Trademark Registration

Consumers remember and recognise a trademark after it is in use for a long time., It helps to establish a brand identity. At the same time, by registering a trademark, a company assures that its brand value and identity are safe from infringement and duplication. The primary benefit of registering for and securing a trademark is this.

The following are some of the advantages of trademark registration:

A trademark is a symbol that distinguishes goods and/or services from their owner or origin.

A trademark gives the owner of the trademark the legal right to use it throughout the country.

An entrepreneur who registers a trademark has the exclusive right to use the mark in connection with the products or services covered by the trademark.

A trademark is an intangible asset that can serve as collateral to secure loan financing.

A trademark can be sold, licenced, assigned, and transferred after it has been registered.

Unacceptable Features of Trademark

Which would be likely to deceive or cause misunderstanding if used.

A mark whose use would be in violation of any currently in force law.

Mark that has or contains scandalous or indecent content.

A mark that includes or contains any material that is likely to offend the religious sensibilities of any class or portion of the population.

A trademark that would not be protected in a court of law

A trademark that is identical to or confusingly similar to one that has already been registered for the same goods or goods of the same description.

In the case of chemical substances, a word that is the approved name of any single chemical name or chemical compound.

In India, a geographical name, a surname, a personal name, or any popular abbreviation., Also, the name of a sect, caste, or tribe.

Conclusion

Indeed, brand names have been around for significantly longer than they were known. Earlier, artists and painters left a distinctive signature on their masterpiece to indicate that it is their property. The Features of the Trademark have also changed with time.

Likewise, realms had insignias and seals which were a type of a brand name itself.

It is because a brand name or trademark is only an imprint that helps to recognize a specific business, product, or company from those of the same kind.

Usually, personal names or surnames are frequently occurring and common hence cannot register as trademarks. From the perspective of the trademark, this makes surnames and personal names not common of the goods of one person from that of another bearing the same surname or personal name.

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