Pankaj, Director of M/s Mustered Oil Manufacturing Company, seeks your advice for the selection of a trademark which he proposes to be used for its products. Describe various natures of trade marks and which trade marks

CS Executive · Setting up of Business Entities and Closure · PYQS · December 2018
Pankaj, Director of M/s Mustered Oil Manufacturing Company, seeks your advice for the selection of a trademark which he proposes to be used for its products. Describe various natures of trade marks and which trade marks are considered as strong in nature.

Answer & Explanation:

Considering the fact that Mr. Pankaj, Director of M/s Mustered Oil Manufacturing Company needs an advice on the selection of trademark, which could be proposed for the use for its product, the broad categories of trademarks are discussed as follows: Generic marks: Generic marks means using the name of the product like "Salt" for Salt. Descriptive marks: Descriptive marks mean the mark describing the characteristics of the products like using the mark "Fair" for fairness creams. Arbitrary marks: Arbitrary marks means which exist in popular vocabulary but no logical relationship to the goods or services for which they are used, like 'Blackberry' for phones. Suggestive marks: means the mark suggesting the characteristics of products like "Habitat" for home furnishings products. Invented / Coined marks: It means coining a new word which has no dictionary meaning like "Adidas". Further to the suggestion sought on which trademarks are considered strong in nature, the advice to Mr. Pankaj will be as below: 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: Intellectual Property Rights

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