Attributes of a Good Trademark – An Overview

It is observed that with the extended use of a brand name or Trademark, the products start increasing recognition and popularity among the customers. However, the popularity makes it accessible for possible imitating. Henceforth, it is always cautious to Trademark the name, word, logo, or brand. The Trademark should hold some originality so that the end-users won’t find it hard to recognise it. Let discuss the concept of Trademark and the attributes of a good Trademark.

Meaning of Attributes of a Good Trademark

A Trademark is a vital part of IPR (Intellectual Property Rights) that exists in the form of a slogan, sign, and expression that differentiates products or services of a business from the competition. An ultimate Trademark should stick to uniqueness and should have the potential to show the product’s quality. More importantly, the Trademark must be crafted in such a manner that it can be distinguished from its counterparts dealing with a similar class and should be able to be safeguarded & registered. Following are the key crucial and attributes of a good Trademark that must be considered before Trademark Registration.

• A  Trademark must be a mark that entails a device, label, name, brand, word, s combination of colour, or addition of the above attributes;
• It must be easy to recognise, speak, and spell so that the masses can acknowledge it in a rapid flash;
• It should not be too lengthy and mystifying to be forgotten easily. If the Trademark is complicated to recognise, the masses will not take effort to memorise it and eventually, it will be forgotten;
• A trademark should adhere to uniqueness or originality. Always remember that uniqueness is one of the major attributes of a good Trademark;
• The best Trademarks are usually referred to as coined words or invented or distinctive geometrical designs;
• It shouldn’t imitate the product’s description; instead, it must be suggestive of the quality. It is one of the major attributes of a good Trademark;
• A good Trademark must be excluded from the list of the prohibited class described under the Trademark Act^[1].

How to Choose a Trademark that has Good Attribute?

Once you have decided that your company or firm could gather advantages from some branding, how do you choose the right Trademark? So, go for Trademarks that obey the legal and business needs of a company. You desire to recognise such marks to act as an asset and create a solid reputation for your company. However, still, you have got lots of names out there. How do you choose the best Trademark? Idyllically, you want few things out of your Trademark.

Individuality

You have to stick with a Trademark that essentially connects products and services with you as a source. This can be skilled by selecting the mark that is distinctive.

Trademark Should be Small

Your Trademark must be concise and short. It is lengthy or complicated; people will find it difficult to know it, and eventually, it will be forgotten.

Trademark Should be Legally Mandatory

An authorised protectable mark shows two things. It has to be able to obey the Trademark Act, and it has to be imposed. The Trademark that breaches the law is not admissible for registration.

Difficulties in Choosing the Right Trademark for a Company

If you wish to open a cafe and want to Trademark the cafe’s name. The Government may not validate your request because chances are such establishments across the nation would desire to use the word cafe to encourage their goods and services.

Henceforth, the distinctive name you select for your cafe, the more likely it is that Government would certify your request for the Trademark Registration. So you could evaluate the Trademark on the spectrum of individuality.

A mark can be arbitrary or general, or both depending on the context. Therefore, if you are selling apples, you can’t opt for name applies for the registration of Trademark. However, if you are selling laptops, you likely can. Often, you can register a mark or brand name that includes a mix of words that are descriptive and protectable in nature.

They are quite unique from the indicative marks because there is no increase required. The descriptive marks show the description of the goods and services they protect, such as Pizzazz for Pizza and Creamy & Cold for ice cream. The owner should pay attention to the attributes of a good Trademark to avert complications at the time of the registration process.

Branding cannot build up overnight as it seeks time, hardship and plenty of capital. Practically, you don’t wish several Trademarks to start off. If you try to project your products and businesses with several Trademarks at once, you may finish with weaker branding. From a growth outlook, it is smart to commence your business campaign with a single Trademark.

Conclusion

It all abstract to the fact that a Trademark must be easy to recognise whether it is a colour, label, logo, or word. It must be brief & easy to understand so that the end-user can remember it for a long-time. It cannot be expressive in nature and must align with the existing norms cited under the present law.

Most significantly, a good Trademark shouldn’t be included in the prohibited classes under the Trademark Act. While drafting a Trademark strategy, you should choose marks that are legally enforceable. It is suitable to channelise your investment on one or at least a few marks and choose suggestive or arbitrary imaginary marks if possible. Although descriptive marks are safeguarded in nature, it takes plenty of time and investment to make them so. You have to pay extra stress on the view of the attributes of a good Trademark to remain ahead of the curve.

Read our article:Trademark Public Search – A Complete Guide