Why some names are easier to register and protect than others. General legal information only.
From strongest to weakest
- Coined or invented words with no meaning in any language: the strongest protection.
- Arbitrary marks, ordinary words unrelated to the goods, such as a fruit name for electronics.
- Suggestive marks that hint at a quality without describing it.
- Descriptive marks that describe the goods or services directly, which are hard to register unless they have acquired distinctiveness through use.
- Generic names for the goods themselves: cannot be registered.
Clearance before you launch
- Search the Trade Marks Registry for identical and similar marks in your class and related classes, including phonetic similarity.
- Search the market, social media and domain names.
- Check that the name does not carry an unintended meaning in major languages.
Related marks to consider
Logos, taglines, product names and packaging may each need separate protection. Name your product and company consistently so that the rights are held by the right entity.
File early
In India, the first to apply is not always the first to win, but earlier use and earlier filing both matter. Filing before you launch avoids later conflicts.
Related: IP and trademark · All IP guides · Send an enquiry
Important disclaimer: This article is general legal information, not legal advice. It does not create a lawyer-client relationship and is not an advertisement or solicitation under Bar Council of India rules. Verify current statutes, rules and judgments before relying on it.
