Essential Features of a Trademark

Go back to Tutorial

Certify and Increase Opportunity.
Be
Govt. Certified Property Rights and Legal Manager

Following are the essential features of a Trademark

It must be distinctive. Distinctiveness can be inherent or acquired. Inherent distinctiveness means that it is distinct in itself and no one can justifiably claim its use. Acquired distinctiveness means that it has acquired distinctiveness through use.

It must be a non-descriptive word. In other words, it can be a word other than an invented word whether it is already existing or newly coined.

Inherent distinctiveness can be established by the use of invented words. For instance, invented words like RIN for washing powder, SONY and AKAI for electronics, YASHIKA and KODAK for cameras are inherently distinctive. Whereas, surnames or personal names like CADBURY for chocolates or TATAS for fast moving consumer goods have acquired distinctiveness through use.

Generally, surnames and personal names are common and frequently occurring and hence cannot be registered as trademarks. From a trademark perspective, this characteristic makes surnames and personal names neither distinctive nor capable of distinguishing the goods of one person from that of another bearing the same surname or personal name.

Go back to Tutorial