In India, for a trademark to be eligible for registration, it must fulfil certain requirements as per the provisions of the Trademarks Act, 1999, and the Trademark Rules, 2017. Here are the key requirements for trademark eligibility:
Distinctiveness: The trademark must be capable of distinguishing the goods or services of one entity from those of others. It should not be generic, descriptive, or common to the trade. The trademark should have inherent distinctiveness or acquired distinctiveness through extensive use.
Non-Descriptiveness: The trademark should not merely describe the goods or services it represents. It should be arbitrary, fanciful, suggestive, or coined terms that do not directly describe the characteristics, quality, or features of the goods or services.
Non-Deceptiveness: The trademark should not be likely to deceive or cause confusion among consumers regarding the nature, quality, or origin of the goods or services. It should not falsely represent the geographical origin, manufacturing process, or other attributes of the goods or services.
Non-Conflict with Prior Rights: The trademark should not conflict with prior existing trademarks or earlier rights of third parties. Before filing a trademark application, it’s advisable to conduct a comprehensive search to ensure that the proposed trademark is not identical or similar to existing trademarks in the same or related classes.
Non-Offensiveness: The trademark should not be contrary to public morality or offend religious or cultural sentiments. It should not contain obscene, scandalous, or derogatory matter that is likely to be considered offensive or objectionable by society.
Non-Genericness: The trademark should not be a common or generic term used to refer to the goods or services themselves. Generic terms are ineligible for trademark registration as they do not serve to distinguish the goods or services of one entity from those of others.
Graphical Representation: The trademark should be capable of being represented graphically, which includes words, names, logos, symbols, designs, images, or a combination of these elements. The representation should be clear, accurate, and capable of being reproduced in a consistent manner.
Lawful Use: The trademark should not be contrary to law or public policy. It should not promote illegal activities, infringe upon the rights of others, or violate any statutory provisions or regulations.
It’s important to note that meeting these requirements does not guarantee the registration of a trademark. The trademark application undergoes examination by the Trademark Office, and additional factors such as distinctiveness, prior conflicting trademarks, and public opposition may affect the registration process. It’s advisable to seek guidance from a trademark attorney or agent to ensure compliance with the eligibility criteria and increase the chances of successful registration.
Enforcement of Trademark Rights
Trademark Registration process in India
