Adoption of Trade Mark:

Best Trade Marks are invented marks or non descriptive marks.

Mark should be one which is distinctive in nature that means, the mark should be able to be distinguished from rest of the marks.

When your mark is invented or coined or is created , adopted by you using your intellect you can seek registration as it is your creation.

But if your mark is generic in nature or is non distinctive in nature it lacks the features of getting TM Registration.

In the latest trend where CORONA or COVID is widely spreading overnight, even in such economically and socially constipated times, some people try to make the most of the situation and hereby many people have applied with the similar or identical marks.

It is to be noted that CORONA or COVID is basically generic word so chances of getting registration is less.

Hence, the applications for CORONA or COVID related trademarks will most likely be refused by the Registry under Section 9 of the Trade Marks Act, 1999 (‘Act’), which deals with absolute grounds for registration

Because a common man shall have a belief that any medicine with such brand names are determinative cure to the virus.

Such mark shall act as deceive and shall mislead public at large believing that the products sold under them are effective, but in reality they may not actually be.

Mostly if your mark is having status of ” Proposed to be Used” that shows that applicant has just adopted the brand without any base and stands no class of distinctiveness.

Leave a Reply

Your email address will not be published. Required fields are marked *