Can descriptive trademarks be registered in India?
Descriptive trademarks are those that describe the characteristics, qualities, or features of a product or service. In India, descriptive trademarks can be registered under the Trade Marks Act, 1999, but are subject to certain restrictions and conditions.
One of the main restrictions for registering a descriptive trademark in India is that it must have acquired distinctiveness through use. This means that the trademark must have been used for a significant period of time and has become associated with a particular product or service, such that it can be distinguished from other similar trademarks.
Another restriction is that descriptive trademarks cannot be registered if they are generic or commonly used terms. For example, words like “fresh” or “natural” that are commonly used to describe a product or service cannot be registered as trademarks.
Additionally, Descriptive trademarks cannot be registered if they are confusingly similar to existing trademarks.
To register a descriptive trademark in India, an applicant must provide evidence of its distinctiveness through use. This can be done by submitting proof of use, such as invoices, advertisements, or other documents showing that the trademark has been used in connection with the product or service for a significant period of time.
In conclusion, Descriptive trademarks can be registered in India, but they are subject to certain restrictions. To be registrable, the trademark must have acquired distinctiveness through use and cannot be generic or commonly used terms. Additionally, it cannot be confusingly similar to existing trademarks. It is important to conduct a thorough trademark search and seek legal advice before investing in a new brand or logo to ensure that it can be registered and to avoid any legal issues in the future.