How to select a good trademark

https://marksandbrands.in

Selecting a mark is the very first step in the overall application/registration

process. This must be done with thought and care, because not every mark is
registrable with the Trademark Registry.

Selecting a trademark for your business should be done carefully. The

trademark should be easy to speak, spell and remember. The best trademarks
are invented words or coined words or unique geometrical designs. Pick a mark
that is inherently distinctive.

Before filing a trademark application, you should consider (1) whether the
mark you want to register is registrable, and (2) how difficult it will be to
protect your mark based on the strength of the mark selected.

(1) Invented words - words with no meaning that you have created, such as
Google, Xerox etc. These marks are strongest because they are made up
of one or more fanciful words that have no meaning at all outside of the
related product or service. Thus, when a consumer uses a fanciful mark
to identify the source of a product or service, there is no opportunity for
confusion.
(2) Arbitrary marks have ordinary meaning, but are used in a way that
disregards that ordinary meaning. They contribute no meaning to the
goods being described. For example Apple for gadgets
(3) Suggestive Marks words that suggest meaning or relation but that do not
describe the goods themselves . Suggestive marks are registrable and are
also considered “strong” marks. GLANCE-A-DAY for “calendars”
(4) Descriptive marks are words or designs (e.g., depiction of a television for
“television repair services”) that describe the goods and/or services. Such
 marks are generally considered “weaker” and therefore more difficult to
protect than fanciful and arbitrary marks.

Points to consider while choosing your trademark

Please avoid selection of generic words like a geographical name, common

personal name or surname. No one can have monopoly right on it. An
exception is if you can prove that your goods or services have become well
known under the name or surname so that the word has acquired a second
meaning in the public mind.

Terms that are merely descriptive of products and services cannot be protected
as marks, and the more descriptive your mark is of your goods or services, the
more difficult it may be to stop your competitors from using it.

Avoid adopting laudatory word or words that describe the quality of goods
(such as best, perfect, super etc.)

It is advisable to conduct a market survey to ascertain if same/similar mark is

used in market.

Conclusion

Fanciful or arbitrary marks are the strongest. Generic marks cannot be

registered and offer no protection. Suggestive and descriptive marks fall in
between. Therefore, it is important that you design your trademark so that it
offers the most protection possible.