Trademark registration is the key for success everyone's business. In this modern
business world the trademark should remain in the thought of the consumer in order to
carry out the business effectively, for doing so the companies were adapting very common
names like animal, plant, fruit names etc. Even though trademark act expressly prohibiting
the registration of the common words when it is related to the trade or business, it doesn't
prohibit the common words which doesn't have any relation to the trade or business can be
allowed to get registration, because of that everyone are adopting their mark which doesn't
have any connection with their trademark and get registered clear eg. Apple iphone, there
is no connection between the apple and mobile, hence they have been allowed to get
registered. The reason behind adapting such common words is to remain in the thought of
the consumer because when we see or think about such common word automatically the
image of the company comes in, which helps the trademark to stay in the mind of the public
forever eg. Kiwi shoe polish.
Even though the act clearly expresses about the refusal of marks from getting registration it
doesn't authorize or give rights for the registration of the mark which is not in relation to
the trade or business which it will be used. The examination to whether mark is descriptive
of the trade / business or whether the mark is the common word in such trade/business ,
the registrar will decide on these matters which clearly shows that a person can't ask for a
trademark which is a common word as a right. The registrar will scrutinize the trademark
search done on application and decide based upon the facts of the matter. However if the
applicant still can prove that the common word which is already adapted for the business
by the proving the trademark has attained the secondary meaning by adducing the sales
turn over, advertisement etc. so, whenever the trademark has attained the secondary
meaning and whenever we see the common word we automatically think of that owner or
proprietor such trademark can be registered eg. Food panda, Sugar free etc.
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