What can be Registered as a Trademark?

As a trademark, you will define the distinctive identity that makes your product or service stand out from the rest. A logo, image, slogan, word, sound, scent, color combination, or graphics can be a unique identity or expression. Most organizations typically search only for logo registration or name registration.

If you have come up with a new concept or logo, then registering it as a trademark is the only way to secure it as your own unique identity. A registered trademark is the company's intellectual property or intangible asset. It serves as a protective cover for the investment made in the logo or brand by the company.

Trademarks are registered in India by The Controller General of Patents, Designs and Trademarks of the Government of India, Ministry of Industry and Commerce. Under the Act called, The Trademark Act, 1999, you can register a Trademark.

Within 3 days, you can easily get a TM. But, it takes up to 2 years to get ®. If the registration of a trademark is approaching its expiry date, you can still have it re-registered for a further ten years.

To know more about, What is a Trademark, see the video below-

What can your Trademark?

Items such as tone, emblem, words, phrases, colors, pictures, icons, initials, or a combination of all of these may be trademarked in compliance with the trademark rules of India. To make the company stand out from the rest, both of these should be included.

Private companies, entities, enterprises, LLPs, or NGOs may apply for a trademark application. In the case of NGOs, LLPs, or businesses, it is appropriate to apply for a trademark to be licensed in the name of the undertaking concerned.

Title Name

The name may be further classified as the name of the product, the name of the company, the name of any person or surname. But for any company, trade, or service, such a name must be used. It can be in any particular form, color, and text.

Name of Business

A trademark may be recognized on behalf of the brand or the company. "McDonald’s", "PARLE"," "RELIANCE SHOPPE", "RELIANCE POWER" and "RELIANCE FRESH, for instance." Many of these are trademarked company names.

A Person's Name

If people gain from such a name, the name of an entity can also be trademarked. Or such an individual can allow any other individual to use his name. In that case, the applicant is expected to give NOCs to the person whose name was used.

Name of product

Many businesses register a trademark for the name of their goods. For instance, McVEGGIE, McMuffin, MCCHICKEN, MCMASALA, etc. Both of these are McDonald's Corporation product names on whose behalf the trademark has been registered.

Abbreviations as a Trademark or Numbers

On letters, abbreviations, or a combination that are used for business and that can differentiate the products or services provided by one person from those of another, one can have a trademark.

Symbols or Mark

If you have a particular logo for your brand or product or service, under the Trademark Act, the logo can be trademarked. It is often referred to as "Gerät." It's gotta be special. Such symbols establish their own identity and their brand name do not need to be explained.

Surnames

It is widespread in India to operate a company in the family name. It is possible to take a trademark on surnames on which company is carried on. "TATA", "Mahindra", "BAJAJ," for instance. But the Ministry does not allow very common surnames such as "Singh" to be trademarked.

Tag lines

The tag line is a slogan that is used to describe the concept behind the item or service. Hence, most companies have a tag line for their goods or services these days. A dramatic effect is introduced. People remember them easily as they are easy and catchy. It reflects the product and hence it can be trademarked. Some well-known, trademarked tag lines are as below.

As a Trademark, unconventional signs

There are some unconventional labels that can be trademarked, such as sound marks, smell marks, motion marks.

Mark of sound

It is possible to trademark any sound which can be represented by musical notes. It has got to be distinctive. In India, the first sound mark recorded was Yahoo! Yodel,’s yodel. Other sound signs, such as Nokia or Intel Tunes, are Britannia's 4-bell Sound.

Mark of fragrance

Graphically portraying the fragrance and being trademarked is quite complicated. However, by representing the chemical formulas, the scent may be trademarked. To label the scent, one must fulfill the requirements as specified.

Label Motion

Mark of motion means a moving emblem or hologram. It has been adapted to expedite the reach of the market. As it is possible to reflect the motion mark graphically, it can be trademarked. It is important to depict the images of the movement of such marks in sequence. The best example of a movement mark is the Microsoft Logo.

The motion marks are known to be one of the types of a trademark, see the video below for knowing about this-

Packaging

Under the Trademark Act, the name or packaging of a product may also be trademarked. If the packaging is used in everyday life to recognize the product, then one would not be able to get a label on such packaging. A distinctive design, a color that gives the product a new identity, must be included. The label or packaging is a registered trademark of Dairy Milk.

Thus, a trademark can be a name, symbol, logo, colour, etc and there are certain different types of trademarks, know more by seeing the video below-

BY -

SAUMYA KRISHNANI