Can a Trademark be Capitalised?

There are different styles in which a trademark can be written. This article will answer one of the basic question of trademark capitalization.

Trademark is the identity of every business and is relatable to the products or services it offers. It can be a name, logo or even short phrases. Trademark is necessary to begin your journey in the commercial market and therefore it is essential to get your idea registered as soon as you are sure about it.

Trademark registration protects your brand for a long-term and entitles you with exclusive rights of its usage. The trademark should always /be distinct so that it does not get infringed by someone else. There are different fonts, sizes and styles which can differentiate your trademark from the others. They apply to every type of mark associated with the business world.

Capitalization of Trademark

When a brand name is written in all capital letters, then it is called "capitalization of the trademark". A trademark can be designed or written in numerous ways, and there are few general rules which go in their formation.

Trademark application filing is free from any font, color, size or typeface as long as it does not confuse the audience. At times, some companies or entrepreneurs choose only the initials of a long word in capital letters for their brand name.

For exampleAOL stands for America On-Line. In this case, writing it in lower case would be incorrect.

Few Rules of TM Capitalisation

There are some rules which every applicant should keep in mind before applying for his trademark registration especially when it is supposed to be in upper case.

  • Usually, brand names are proper names. Therefore, the initials are in the capital.
  • All caps apply to trademarks which are to be spelled individually.
  • ‘The’ cannot be capital in a trademark unless it is at the beginning of the brand name.

Several trademarks are registered in India under the Trademark Act 1999.  IP India examines several trademarks which have different font size and writing style. At times, capital letters are also included in the middle of a brand name. 

For example – SlideShare. It represents a hosting platform for all sorts of professional content.

Summing up

Trademark is essential to any business, and thus it should always be applied carefully. To make sure that the proposed trademark is distinct you can perform a trademark search before applying. The data will help you to know what sorts of trademarks are already applied by others in the market.

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