What is distinctive character of trademark?

What is distinctive trademark?

As mentioned above, according to the Trademarks Act, a trademark can only be registered if it is distinctive in nature. An invented word can also be registered as long as it is not descriptive.

What are the characteristics of trademark?

A trademark must be a mark which includes a device, heading, brand, label, ticket, signature, word, letter, name, numeral, packaging or combination of colors or any combination of the above attributes. It should be easy to speak and spell. A good trademark is such that the public can easily spell and speak.

What is the most distinctive category of trademark?

Fanciful, arbitrary, or suggestive trademarks are generally considered to be the most distinctive (stongest) trademarks because they are taken from outside the context of the product.

What is non distinctive trademark?

Trademarks which do not possess any distinctive character. Distinctive character means trademarks which are not capable of distinguishing the goods or services of one person from those of another. … Trademarks which consist of marks of the shape of goods which is necessary to obtain a technical result.

What are the three types of trademark?

General Types of Trademarks

  • Generic Mark.
  • Suggestive Mark.
  • Descriptive Mark.
  • Arbitrary Mark.
  • Fanciful Mark.

What is importance of trademark?

Trademarking grants startups security of their brand. By trademarking a company name, one makes its services and products distinctive in terms of their competitors, becoming their intellectual property. In doing so, it prevents rivals from copying or stealing their brand.

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What are the 4 types of trademarks?

Trademarks can generally be categorized into one of four categories of distinctiveness, from most to least distinctive: coined, arbitrary, suggestive and descriptive. Words and designs that lack any distinctiveness fall into a fifth category, “generic,” and cannot function as trademarks.

Is Google a fanciful trademark?

Fanciful or Coined Marks.

A fanciful or coined mark is at the strongest end of the spectrum because it is inherently distinctive. Such a mark consists of a combination of letters that has no meaning; thus, it is an invented word. Examples are GOOGLE for online services, ROLEX for watches, and XEROX for copiers.