28-February-2019

How Can One Differentiate Registrable Trademarks From Non-Registrable Trademarks

Not all marks are registrable. There are registrable and non-registrable trademarks. Trademark is a legal sign meant to distinguish the products and services of one person from those of others in the market. The mark to be registrable can include name, label, word, design, device or numerals. For trademark registration in India, an application must be filed with the Registrar of Trademarks.

Registrable Marks

Registrable marks are the ones that can be graphically represented and are capable of differentiating itself from other similar products and services in the market. As per the TRIPS agreement, “any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings, shall be capable of constituting a trademark”. Registrable marks can be filed through the trademark registration application.

Examples of Registrable Marks

• A name/title which is not out-of-the-way for a business to consider it as a mark. It can include the name of a person/surname of the trademark registration applicant or predecessor of the business or signature of the person

• The word to be presented for the trademark registration should neither describe the quality of the goods and services nor directly describe its character

• The mark can include numbers, letters or combination of both

• A registrable mark can be a symbol or fancy number

• Symbols as monograms are also registrable

• Combination of colors with device or word is also permissible for trademark registration in India

• Three-dimensional sign is also permissible

• Sound marks which can be described in graphical representation or in a standard system

Non-Registrable Marks

Marks which are not distinctive enough from other existing marks are not registrable and are termed as Non-Registrable marks. In short, the marks that fail to differentiate itself from other products and services will not be approved for trademark registration in India.

Examples of Non-Registrable Marks

• Marks that are not permissible under the law of Trademark Act

• Marks with probability to cause confusion among the public

• Trademark registration in India prohibits marks that hurt religious senses of any section or class of Indian citizens

• Marks with inappropriate subject matter

• All the marks banned under the Emblems and Names of Prevention of Improper Use Act, 1950 are categorized as non-registrable marks

• Marks similar to any other good or market