Govind, has newly started a ready to eat food products Manufacturing Company, he seeks your advice for the selection of a trade mark for his products. Brief him with example on the following Categories of Trade marks ref

CS Executive · Setting up of Business Entities and Closure · PYQS · June 2019
Govind, has newly started a ready to eat food products Manufacturing Company, he seeks your advice for the selection of a trade mark for his products. Brief him with example on the following Categories of Trade marks referring to the provisions of the Trade Marks Act, 1999: (i) Generic marks (ii) Descriptive marks (iii) Arbitrary marks (iv) Suggestive marks and (v) Invented/Coined marks Also suggest him which Category or Categories are Strong Marks and which are weak with respect to protection of Trade mark rights.

Answer & Explanation:

Generic marks means using the name of the product for the particular 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. To qualify as a descriptive mark, it should evolve from what the brand represents to who the brand represents. Arbitrary marks means 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. Suggestive marks mean the mark suggesting the characteristic of the products, like 'Habitat' for home furnishings products. The term 'suggestive' means that the customer must use the imagination to find out what services or goods the company offers. The invented/ coined marks means 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.

Topics: Trade Marks Act, 1999

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