What's Wrong with a Trademark that Describes the Goods

A strong trademark is one which is unique, easily distinguishable and shouldn’t be explicitly describing the goods.

Scope of Trademark Laws

According to Section 2 (b) of the Trade Marks Act, 1999, "Trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging, and a combination of colors."

The law of trademark manages the following:

  • The system of enlistment
  • Insurance of trademark
  • Aversion of the fake trademark
  • Rights obtained by the enrolment of a trademark
  • Methods of exchange
  • Ways of encroachments including punishments for such encroachment

What is a strong trademark?

A strong trademark is not very much descriptive, and even if it is descriptive, it is indistinguishable from goods and services

A trademark which is good, is very distinctive. They are original, fanciful, unexpected and out of the ordinary.

According to the Indian law of trademark, a good trademark should have the following qualities:

  • It ought to be anything but difficult to profess and recall in the event that it is word stamp
  • In the event of a gadget stamp - ought to be fit for being portrayed by a solitary word.
  • It can be anything but difficult to spell accurately and be composed with respect to readability
  • It ought not to be expressive
  • It ought to be short
  • It ought to speak to the eye and the ear.
  • It ought not to have a place with the class of imprints denied for enlistment VIII.
  • It ought to fulfil the necessity.

What’s wrong with trademarks that are too descriptive?

Trademarks that are too descriptive are often considered as weak trademarks because it is not easy to protect the trademark by laws unless,

  • It has a secondary meaning, or
  • It has become very famous and has acquired uniqueness despite the fact that it is descriptive.

What is the fate of Descriptive Trademarks in India?

In India, there have been various cases on the prohibition of descriptive trademarks because, in India, registration of descriptive trademarks is prohibited under section 9(1)(b) of the Trademarks Act,1999.

“In the Sallaki case, the defendant endeavored to demonstrate that the Plaintiff's check Sallaki was clear since it trusted the plant from which the drug is determined is called SALLAKI in Sanskrit, and to further bolster the term's wide utilize, the Defendant gave sixteen cases of how the stamp SALLAKI or its variations were being utilized by makers as a part of the business.”

The Defendant lost on this contention. Notwithstanding, there have been different choices in India in which a gathering could demonstrate that a stamp was enlightening.

Therefore practically there is nothing wrong in a trademark being descriptive, but when it comes to the protection of the trademark, it is difficult to do that.

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