Trademarks are used to distinguish your products and services from that of your competitors. Therefore the trademark you choose to adopt should be a good trademark. This article lists some attributes of a good trademark.
What Is a Trademark?
The essentials and attributes of a trademark are clearly explained by the intellectual property rights. It exists in the form of a slogan, expression, or sign that distinguishes a business’s services and products from the competitor. A trademark allows people to recognise your company with a short, symbol, name, or color combination.
Why Are Trademarks Necessary?
As customers associate the trademark with your brand, the trademark serves as an intangible asset to your company. As your products gain popularity, there are chances of them being misused and forfeited. That is why it is important to have your trademark registered. Registering a trademark provides you with exclusive rights over its ownership and its usage. They build trust, optimise goodwill, and protect your brand value. Registering a trademark can help you achieve newer markets, and hold your products over such markets.
What Are the Essentials of a Good Trademark?
Trademarks provide face value to your company or the brand. To build a good reputation for your company, you should look for a trademark that is unique and reflects the quality of the product. Shorter trademarks are easier to be remembered, while people find it hard to remember long ones. The most important thing to note is that the trademark should be crafted in such a manner that it shall be easily differentiated from the competitor’s, and should be registered to be protected.
To prevent copyright infringement, you can locate already registered trademarks using the Trademark Name Search at Vakilsearch
What Are the Salient Attributes of a Trademark?
Before you choose and register your trademark, you should consider the following attributes of a good trademark:
- The trademark you choose should be a mark that implies a label, signature, word, name, brand, a combination of colors, or an integration of these attributes
- The trademark chosen should seem easier to be spelled, spoken, and recognised. This is to ensure that the public can remember it and acknowledge it quickly
- The trademark must be a short one, as lengthy and perplexing trademarks can be forgotten easily
- It should not be too lengthy & perplexing to be forgotten easily. In short, the trademark has to be simple so that it can be remembered
- Most importantly, a good trademark should be unique. It should not be similar to any trademark that is already popular or registered
- A clear and concise mark ensures that the consumer is not left in a confused state, or in doubt, regarding the nature of the product or the service offered
- Most often the best trademarks are referred to be invented or coined words, or perhaps some distinctive geometrical designs
- The chosen trademark should not reflect the description of the product. One of the key attributes of a good trademark is that it should be suggestive of the quality
- If you so desire to register a good trademark, you should choose one that is excluded from the list of the prohibited class, as mentioned in the Trademark Act.
How Should You Choose a Good Trademark?
To gain the advantages of trademark can provide to your brand or your company, you should obey the business and legal needs of your company. Trademarks are to act as an asset and a passageway to building a solid reputation and optimistic goodwill for your company. But there are a lot of marks to choose from. The following attributes can guide you choose the right trademark:
- Your trademark must be essentially related to the products and services you wish the trademark to work for. For this, you must select a trademark that is distinct and reflects the quality.
- As mentioned earlier, choose a trademark that is small, crisp, and simple.
- The trademark you choose should obey the Trademark Act. Any trademark that breaches the law shall not be approved.
What to Avoid When Choosing a Trademark?
To grab a good trademark you must take a note of the following:
- Avoid overly suggestive, or descriptive trademarks, as they are likely to be rejected by the registrar
- On the other hand, marks that are arbitrary and have no connection with the product or the service offered are also less likely to be accepted by the registrar
- Also, the trademark office shall reject any mark which violates the Emblems and Names Act, 1950
- Avoid any word, image, or phrase that is offensive to any race, caste, gender, religion, or minority.
The Takeaway
To be distinctively recognisable, you must find a trademark that is unique, and which leaves a mark on the people, so it can never be forgotten. A thorough trademark search is important before you finalise your trademark. You should also make sure that the trademark you choose should not be similar to any trademark that is registered. You can always seek the services of experts at Vakilsearch, to help you find a good and suitable trademark for your business, and register it.
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