As we are gradually recognizing the economic importance of the trademark in the modern world, making it an integral right to intellectual property. Trademark can now be licensed electronically in India, with trademark search processes now automated electronically. In this post we illustrate precisely what can’t be registered as a trademark in India. This will help companies prepare their registration of a trademark in India while also helping to prevent rejections at a later point.
Trademark essentials in India
In India, the 1999 Trademarks Act regulates the awarding of trademarks. Since India is part of the trade-related dimensions of intellectual property rights agreement also known as the TRIPs Agreement, laws comply with the TRIPs’ compulsory global provisions.
The following conditions for a trademark may be drawn on the basis of the act-
1. That has to be a mark
Although the concept of a mark is not exhaustive, it requires a number of components. A brand, it’s going, a name, a signature which can distinguish are all “marks.” Therefore, pictorial representations are often known to have markings, anything that has stitching on objects, colors.
2. The image must be able to be graphically replicated
Graphical representation means reducing it to a heading, mark, signature of name, word, letters, numerals etc. Nonetheless, there have been many technological advances in recent years. Sounds and odors will now also confer a trademark. In India, sound marks are subject to trademark law.
3. It may include the shape of the products, their packaging and a color combination
Let’s discuss what cannot be a Trademark in India:
No Color Trademark
Many big brands have faced problems due to color in their trademark. The Crucial criterion that the court should consider though is that the products are likely to be confused by an ordinary customer.
Placements are not usually permitted
When a location attaches distinctive characteristics to a brand name, under geographical signs it is more a case than a trade-mark. Companies must therefore refrain from filing a trademark which has the name of a town, place or state. In addition, certain names may be reserved for legislative or sovereign usage – such as National, certain names may also be covered under the Emblems and Names Act , 1950.
Contains scandalous, obscene content or is counterproductive to religious feelings
Any label which may be pornographic, improper can deny registration. In addition, a mark which can cause harm to feelings of a specific group of people cannot be identified.
A mark which displays only the quality
Terms like “perfect,” “best,” “superior” etc. are simply descriptive and thus cannot be a trademark. In a case involving Britannia Industries – the word “Celebrations” was not considered distinctive on the kit.
Under the Trademarks Act, a trade-mark exemption cannot be issued to a widely used or recognized name of a chemical element or a chemical compound. There can also be no registration of a chemical declared by the WHO which acquires foreign non-proprietary names.
Names of people alive or deceased
Where an application for registration of a trademark attempts to create a link with an individual (living or dead within 20 years from the date of application), the trademark cannot be licensed unless the permission of the living person or representatives of the dead person is obtained. Finleg assist you completely in making sure your business doesn’t get tampered and its trademark gets all the right ticks before registering it. Combined with automated process flow, finleg provide you with a framework that helps you to incorporate your business more quickly. Finleg allows you to better understand and direct you, while helping you integrate at the highest possible levels.