Weaker Trademark! Are you stuck with a descriptive name?
A trademark that is descriptive of its goods and/or services cannot be trademarked as per Section 9 of the Trademarks Act, 1999. In the old trademark act, i.e., Trade and Merchandise Marks Act, 1958, which is fully replaced by the current 1999 Act, had allowed descriptive marks in Part B of the register. In Section 9 of the 1958 Act, a mark will be registered in Part A of the register if only the mark is distinctive and Part B allows for descriptive marks but is capable of distinguishing the goods from others. It is common for people to coin names that are geographically significant as well as merely descriptive for, what is misconceived, easier recognition and recollection. However, it certainly...