LK Ltd. is in the healthcare sector. The company has launched a product named "Ram Baan" to cure the disease of cancer. The company desires to register the product logo under the Trade Marks Act, 1999. Describe the point

Any Start-up needs to be cautious in selecting its trade name, brands, logos, packaging for products, domain names and any other mark which it proposes to use. It must do a proper due diligence before adopting a trademark. The trademarks can be broadly classified into five categories. The categories are Generic, Descriptive, Suggestive, Arbitrary and Invented/Coined. Generic marks: mean using the name of the product for the product, like "Salt" for salt. Descriptive marks: mean the mark describing the characteristic of the products, like using the mark "Fair" for the fairness creams. Suggestive marks: mean the mark suggesting the characteristic of the products, like "Habitat" for home furnishings products. Arbitrary marks: mean mark which exist in popular vocabulary, but have no logical relationship to the goods or services for which they are used, like "Blackberry" for phones. Invented/coined marks: mean coining a new word which has no dictionary meaning, like "Adidas". The strongest marks, and thus the easiest to protect, are invented or arbitrary marks. The weaker marks are descriptive or suggestive marks which are very hard to protect. The weakest marks are generic marks which can never function as trademarks. India follows the NICE Classification of Goods and Services for the purpose of registration of trademarks. The NICE Classification groups products into 45 classes (classes 1-34 include goods and classes 35-45 include services). The NICE Classification is recognized in majority of the countries and makes applying for trademarks internationally a streamlined process. Every Start-up, seeking to trademark a good or service, has to choose from the appropriate classes, out of the 45 classes. While adopting any mark, the Start-up should also keep in mind and ensure that the mark is not being used by any other person in India or abroad, especially if the mark is well known. It is important to note that India recognizes the concept of the "Well-known Trademark" and the principle of "Trans-border Reputation". Accordingly, LK Ltd. may consider above mentioned points while adopting a trademark.