What type of trademark is not registrable?
Among the different types of marks, descriptive marks are not registrable as they fail to distinguish the goods/services of the applicant in question.
What are examples of non-registrable marks?
Among the non-registrable marks are those (i) “identical with a registered mark belonging to a different proprietor or a mark with an earlier filing or priority date” respecting the “same or closely related goods or services” or (ii) “identical with, or confusingly similar to” a “well-known” mark.
Which type of trademarks Cannot be used?
A brand name which consists of the word which is commonly used in day to day life to identify the product cannot be trademarked. It may include kind, quality, quantity, values, geographical origin, and its characteristics. Following are some examples which cannot be trademarked. … Assam– It shows the geographical origin.
Which principle is applicable to trademark?
Trademark law protects the right of the mark owner to the exclusive use of that mark, thereby protecting the owner’s continued enjoyment of his trade reputation and the goodwill that flows from it, free from interference by others.
Can any mark be used as a trademark?
A Mark can any brand, heading, text, word, sign letter, numeral, slogan, shape, base line, color or combination of any of these. To register the mark as a Trade mark, the mark must meet the following requirements: It must be distinctive and not descriptive in respect of its goods and services.
What is non-registrable design?
Some non-registrable designs mentioned in the Manual of Designs Practice and Procedure are books jackets book jackets, calendars, certificates, forms, and documents, dressmaking patterns, greeting cards, leaflets, maps, and plan cards, postcards, stamps and medals, labels, tokens, cards, and cartoons.
Are suggestive marks registrable?
A descriptive mark, if merely suggestive, can be registered.
A suggestive mark is a word, picture or other symbol that suggests, but does not directly describe or designate the goods and services in connection with which it is used as a mark (McCarthy’s Desk Encyclopedia of Intellectual Property, 1991 Ed., p. 322).
Which of the following is a type of non conventional trademark?
Single colour trademarks, motion trademarks, hologram trademarks, shape trademarks (also known as three-dimensional trademarks or 3D trademarks), and sound trademarks (also known as aural trademarks), are examples of such marks.
Can you use trademark word?
A word is a trademark if that word identifies a brand, regardless of whether the word itself is registered. However, unregistered trademarks with the USPTO are only trademarked within the company’s geographical area. … Use the trademark symbol (TM) for a trademark that isn’t registered with the USPTO.
What qualifies for a trademark?
Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive. The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.
What happens if a trademark is refused?
If the registration is refused the applicant has the final option of appealing to the Intellectual Property Appellate Board (hereinafter referred to as IPAB). … The appeal must be filed in the prescribed manner following the TradeMarks (Applications, Appeals and Fees to the Intellectual Property Appellate Board) Rules.