TEN COMMANDMENTS OF STRONG TRADE MARK (TM)

by

TA. SRINIVASEN
B.Com., B.L., M.L., P.G.D.L.A., M.B.A., F.C.S., A.C.I.S. (London)

Trade Mark plays a crucial role in the Modern Business and Commerce. It gives the required identity to the Goods /Services. It is imperative that these Marks are Non-controversial and incapable of being challenged by other players or competitors. While choosing the Trade Mark (Brand Names) the following factors should be kept in mind. Scrupulous Adherence of these guidelines would help an Organization to enjoy the Brand Equity that has been created and accumulated over the years in perpetuity and save considerable costs on Litigation, settlement etc. 1. Coined / Distinctive Words are always a better bet in selection of an ideal Trade Mark. 2. A Trade Mark which comprises of Common / Non distinctive / Dictionary / or any Laudatory Epithet, may not give Monopoly over the Mark & could invite costly Litigation. 3. It is always necessary to make a National Market Search / Survey, to overrule the Existence of the proposed Trade Mark ( A Global Search might also be necessary) 4. Though Trade Mark, gives territorial Monopoly, it always important not to use an Identical / Deceptive / Similar / Well Known / Sounding Marks as in existence in India / Abroad 5. It is always necessary that a Legal TM Search is conducted in the TM Registry, in the respective / identical classes of the proposed Trade Mark, to overrule its existence. 6. It should be remembered that the Registration of a TM is NOT mandatory for its Usage.

7. Usage, Usage, Usage - The strength of the TM lies only on its Usage, Non Usage over a period may make the TM Invalid, notwithstanding its Registration. 8. If a Mark is available for use, ensure Usage of the Mark for maintaining its Monopoly and also Registration immediately before the TM Registry, for extra protection. It is also necessary that the Registered Mark has to be renewed without fail. 9. To prove the usage of the Trade Mark it is essential to maintain an Archive with respect to its Sales Figures, Advertisement & Publicity Expenses, Press Clippings, Copies of Hoardings, Advertisement, Recordings of Radio & Television Advertisement, Vouchers / Bills of the Trade Mark for use in the Legal Proceedings. 10.For any Doubts / Clarifications, NEVER hesitate to seek professional help, or else the mistake may be sometimes very costly. MOST IMPORTANT : NEVER COMPROMISE ON POINTS 3 & 5 ABOVE