An ideal trademark should be easy to speak, remember and spell. It should be small, simple and attractive and suggest the desirable qualities of the goods or services to which the mark pertains. It should be different from other trademarks of the same class and should be registerable.
The new Act has enormously increased the scope of registerable marks, as whatever is not prohibited from registration is registerable, if it satisfies the requirements of Section 2 viz. A Trademark, to be capable of registration, must satisfy the following essential conditions:
What cannot be registered as a Trademark?
Names, numerals, letters, devices, a combination of colours, slogans, signatures, sound marks and smells inter alia may be registered. It defines what marks are not registerable under Sections 9(Absolute grounds for refusal) and 11(Relative grounds for refusal).
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