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Trademark Names

 

According to Indian Trademark Act, 1999 a name or word is capable of being registered as Trademark names. There is however certain requisites attached to use of such names or words. The requisites are because some of the name is common and most words are part of language. The words which are common and which are not common are treated in a different manner since uncommon words are not part of language. The names in trademarks have been given a lot of importance since there can be property in a name and the nature of the property could be such as to restrain others from using it in connection with their goods.

Trademark Names Registration


The procedure laid down for registration of Trademark names is the same as it is for registration of other marks. The Act lays down that there shall be no discrimination between trademarks and all marks will be treated equally. However the names which are devoid of any distinctive character and are not capable of distinguishing the goods or service of one person from those of others shall not be registered.



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