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Functions of a Trademark

A trademark serves the purpose of identifying the source or the origin of goods. Trademark performs the following four functions.

  • It identifies the product and itís origin.
  • It proposes to guarantee its quality.
  • It advertises the product. The trademark represents the product.
  • It creates an image of the product in the minds of the public particularly the consumers or the prospective consumers of such goods.

Marks Not Registerable

  1. The use of which would be likely to deceive or cause confusion.
  2. A mark the use of which would be contrary to any law for the time being in force
  3. A mark comprising or containing scandalous or obscene matter
  4. A mark comprising or containing any matter likely to hurt the religious susceptibilities of any class or section
  5. A mark which would be disentitled to protection in court of law
  6. A mark which is identical with or deceptively similar to a trademark already registered in respect of the same goods or goods of the same description
  7. A word which is the accepted name of any single chemical name or chemical compound in respect of chemical substances.
  8. A geographical name or a surname or a personal name or any common abbreviation thereof or the name of a sect, caste or tribe in India.
  9. Besides others

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