The two main requirements of a trade mark are:
(i) It must be distinctive (adapted to distinguish the goods/services of the applicant from that of others) and
(ii) It must not be deceptive.
Therefore while selecting a trademark, words that are directly descriptive of the goods, common surnames or geographical names should be avoided as these confer weaker protection to the proprietor even if registered.
Prima facie, a word having a direct reference to the character or quality of goods is not registrable. However it is registrable, if it has acquired distinctiveness through long and continuous use. Under Indian Trademarks law more significance has been given to “use” of the mark than “filing of application towards registration”.
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