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
- The use of which would be likely to deceive or cause confusion.
- A mark the use of which would be contrary to any law for the time being in force
- A mark comprising or containing scandalous or obscene matter
- A mark comprising or containing any matter likely to hurt the religious susceptibilities of any class or section
- A mark which would be disentitled to protection in court of law
- 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
- A word which is the accepted name of any single chemical name or chemical compound in respect of chemical substances.
- 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.
- Besides others