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In the whole world the concept of trademarks is relatively uniform. It has two basic characteristics viz,
(i) It has to be Distinctive: A trademark like ‘Apple’ for computers may be regarded as distinctive because it has nothing to do with apples, and correspondingly it would not be distinctive for actual apples and someone who is growing or selling apples may not use it as a Trademark. So in general a trademark is not distinctive id it is descriptive.
(ii) It has to be Deceptive: Trade mark is a visual symbol in the form of a word or a label applied to articles of commerce with a view to indicate to the purchasing public that they are goods manufactured or otherwise dealt in by a particular person as distinguished from similar goods manufactured or dealt in by other person. Besides trademark there are service marks – which are for services, collective marks – which are used by group or associations, well known marks – which are successfully established and are worldwide famous like Sony, Versace, Louis Vuitton and certification marks which are used for defined standards like ISO 9000, etc.
