Characteristics Of A Good Trademark

Following are the Characteristics of a good Trademark

A trademark should be distinctive. Distinctiveness may be inherent or acquired. An invented word may be inherently distinctive as a trademark e.g. RIN. Other trademarks may have acquired distinctiveness through usage e.g. TATA, Reliance, Revlon. Most brands acquire distinctiveness through use. A brand may depend on the class of goods e.g. Hawkins and Prestige are two distinctive brands in pressure cookers. If the trademark is a word, it should be short and easy to spell, pronounce and remember; if it is a device it should be expressible in a word. The word should be preferably an invented word. Zen, Avon, RIN, Flex are all fine examples. The mark can be denied if it is not considered distinctive. A trademark consisting of parts of a chain wheel and chain to cover a business in chains and chain wheels is not considered distinctive. However, distinctiveness alone is not sufficient for registration of a trademark. It may also depend on whether other traders, without any improper motives, want to use the same mark.