| Selecting an appropriate trademark name is essential | | | | The word may be suggestive that is it does not |
| to get a hassle free registration. Not all names can be | | | | actually describe the characteristic or nature of goods |
| registered for all goods and services. | | | | or services but makes the customer use his |
| Main criteria for a trademark name getting | | | | imagination as to how the word may be associated |
| registration are: | | | | with the goods or services. |
| The word should be arbitrary or fanciful in nature. | | | | No marks consisting of a line heading alone is |
| For e.g. 'Apple' name for computers and iPods. By no | | | | registrable under the textile goods. |
| way will a customer will be confused for name | | | | The word as far as possible should be an adjective |
| 'Apple" being used for computers which is a fruit | | | | than a noun or a verb and should not be in a |
| name, thus making the name 'Apple' for the goods as | | | | possessive form or plural form. |
| fanciful and distinctive. | | | | The word should be attributed properly with |
| The word should not be descriptive. For e.g. | | | | particular style, font, logo or symbol for better |
| 'Orlwoola" was held to be descriptive for woolen | | | | protection. |
| goods as the word described the nature of the | | | | The word or logo should not represent the flag |
| goods. | | | | or name or symbol any country. |
| The word should not be generic. For e.g. name | | | | There is difference between brand name and |
| of a person unless having a mass recognition will not | | | | company trade name protection. It is essentially not |
| be registered. | | | | necessary that the brand name gives protection to |
| The word should not have geographical indication | | | | the company name also as both need not be same. |
| or any mountain or river name, unless proven to be | | | | Therefore both have to be protected separately. In |
| distinctive under the class to be registered. For e.g. | | | | case of domain names also, by registering a domain |
| "Magnolia" though a flower name could be registered | | | | name which is an internet protocol address doesn't |
| as it was used for goods which had no connection | | | | mean one has got protection for company name. |
| with the origin of the name. | | | | Hence, both have to be protected separately. To |
| The word should not be names of chemical | | | | sum up, the word has to be distinctive to the nature |
| elements or international non -proprietary names. For | | | | and characteristics of the goods and services |
| e.g. "Oxygen" cannot be used as a trademark name | | | | provided. |
| for mineral water. | | | | |