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10 Points for Selecting a Suitable Trademark

To select a suitable trade mark 10 points need to remember:

  1. A trade mark may be a word, letter, a device or numeral or signature, shape of goods, packaging or combination of colors or any combination thereof. It is better if it is easy in design.
  2. If it is word it should be easy to converse, spell and remember
  3. An ideal trade mark is an imaginary or coined word
  4. Word which are laudatory or which directly refers to the character or quality of the goods or services should not be adopted.
  5. Geographical names connected with the reputation or quality of the goods or services for which registration is sought should not be adopted.
  6. It is advisable to demeanor a market survey to ascertain whether any identical or deceptively similar mark is used for the same goods or services by any other person in the market.
  7. It is advisable not to imitate a different person's trade mark or any other well known trade mark even if the goods or services are different.
  8. Before applying for registration it is sensible to obtain preliminary advice regarding the distinctiveness of your mark from the Registrar by making a request on from TM-55 with a prescribed fee.
  9. Further a request can be made on Form TM-54 with a prescribed fee to obtain an official report to ascertain whether any identical or deceptively similar trade mark exists on the Register or is pending for registration for the same or similar goods or services.
  10. Moreover, a personal examination or search of the Register of Trade Marks on payment of a prescribed fee may be done.