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What is a good trademark?

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(ii) In the case of a device mark the device should be capable of being described by a single word,

(iii) It must be easy to spell correctly and write legibly,

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(iv) It should not be descriptive but may be suggestive of the quality of goods,

(v) It should be short,

(vi) It should appeal to the eye as well as to the ear,

(vii) It should satisfy the requirements of registration, it should not belong to the class of marks prohibited for registration.

In general a manufacturer of goods is free to adopt any mark to distinguish his goods. The mark chosen may be a device, word, name, numeral, and letters and so on. Not all marks have the intrinsic quality to distinguish the goods of one manufacturer from those of others.

Thus purely descriptive or laudatory words like, well, best, perfect, excellent, names of places of industrial or commercial importance potentially suitable for manufacture of the goods, surnames, certain numerals and letters and so on are unsuitable for trademarks.

Every manufacturer has a right to use words to describe the quality or character of the goods and the names of places where the goods are manufactured, or the name of the person who has manufactured the goods. Similarly letters are used as abbreviation of names, and numerals used to indicate quantity.

It should be noted that a trademark is something extra added to the goods for the purpose of indicating trade origin. A design which forms part of itself cannot, therefore, be a trade mark.

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