Points to Remember while selecting a Trade Mark

• A trade mark may be a word, letter, a device or numeral or signature, shape of goods, packaging or combination of colours or any combination thereof. It is better if it is simple in design.

• If it is word it should be easy to speak, spell and remember

• An ideal trade mark is an invented or coined word

• Word which are laudatory or which directly refers to the character or quality of the goods or services should not be adopted.

• Geographical names connected with the reputation or quality of the goods or services for which registration is sought should not be adopted.

• It is advisable to conduct 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.

• It is advisable not to imitate another person's trade mark or any other well known trade mark even if the goods or services are different.

• Before applying for registration it is advisable to obtain preliminary advice regarding the distinctiveness of your mark from the Registrar by making a request on from TMR-55 with a prescribed fee.

• Further a request can be made on Form TMR-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.

• Moreover, a personal inspection or search of the Register of Trade Marks on payment of a prescribed fee may be done

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