A
-
Absolute Grounds of Refusal – Reasons under which a trademark cannot be registered (e.g., lack of distinctiveness, descriptiveness).
-
Assignment – Transfer of ownership of a trademark from one party to another.
B
-
Brand Name – The name under which a product or service is marketed; often protected as a trademark.
-
Bona Fide Use – Genuine use of a trademark in the course of trade, necessary for maintaining registration.
C
-
Certification Mark – A mark used to certify the quality, origin, or standard of goods/services (e.g., ISI, Agmark).
-
Collective Mark – A mark used by members of an association to indicate membership or origin (e.g., CA for Chartered Accountants).
-
Counter-Statement – A reply filed by the trademark applicant if their application is opposed.
D
-
Deceptively Similar – A mark so similar to an existing one that it may confuse consumers.
-
Descriptive Mark – A trademark that describes the product’s quality, features, or characteristics.
E
-
Examination Report – Report issued by the Registrar pointing out objections (if any) after examining a trademark application.
-
Evidence Affidavit – Documents and statements filed during opposition or rectification proceedings.
F
-
Fanciful Mark – A completely invented or coined term with no prior meaning, offering the strongest protection (e.g., Google).
G
-
Generic Mark – A common term that cannot function as a trademark (e.g., “Milk” for dairy products).
-
Geographical Indication (GI) – A mark identifying goods originating from a specific location, carrying unique qualities (e.g., Darjeeling Tea).
H
-
Hearing – A proceeding before the Registrar where parties argue their case in opposition or objection matters.
I
-
Infringement – Unauthorized use of a registered trademark leading to consumer confusion.
-
Intellectual Property Appellate Board (IPAB) – Earlier tribunal for trademark appeals (now functions shifted to High Courts in India).
J
-
Joint Ownership – When two or more parties jointly own a trademark.
-
Jurisdiction – Legal authority of a court or registrar to handle trademark matters.
K
-
Knowledge of Prior Use – Awareness of an earlier mark, which impacts good faith in filing a new trademark.
L
-
Licensing – Permission given by the trademark owner to another party to use the mark under agreed terms.
-
Likelihood of Confusion – A test to see if consumers might confuse two similar trademarks.
M
-
Madrid Protocol – An international system allowing trademark protection in multiple countries through one application.
-
Misrepresentation – False use of a mark that misleads consumers about the origin of goods/services.
N
-
Notice of Opposition – A legal filing by a third party to oppose registration of a published trademark.
O
-
Opposition Proceedings – The process initiated when someone objects to a trademark’s registration.
-
Objection – Issues raised by the Registrar during examination.
P
-
Passing Off – A common law remedy to protect unregistered trademarks from misrepresentation.
-
Prior User – A person/business that has been using the mark earlier than the applicant, having stronger rights.
Q
-
Quality Control Clause – A condition in licensing agreements ensuring the licensee maintains product/service standards.
R
-
Rectification – Process of correcting or canceling a wrongly registered trademark.
-
Renewal – Extending the validity of a registered trademark beyond its initial 10 years.
S
-
Service Mark – Trademark used for services rather than goods (e.g., FedEx, Airbnb).
-
Shape Mark – A mark where the shape of the product itself serves as the trademark (e.g., Coca-Cola bottle).
-
Sound Mark – A mark identified by a unique sound (e.g., Nokia tune).
-
Suggestive Mark – A mark that hints at qualities of the goods/services but requires imagination (e.g., Netflix).
T
-
Trade Dress – The overall look and feel of a product or packaging (e.g., Apple store design).
-
Transborder Reputation – Recognition of a trademark across borders, even without actual business presence in that region.
U
-
Unconventional Marks – Non-traditional trademarks such as color, sound, smell, or motion marks.
-
Use in Commerce – Actual commercial use of the mark in business, required for enforcement.
V
-
Voluntary Disclaimer – A statement made during registration that the applicant does not claim exclusive rights over descriptive elements.
W
-
Well-Known Mark – A mark recognized by the public at large, even without registration in every class (e.g., Rolex, Google).
-
Word Mark – A trademark protecting text/words, irrespective of font or style.
X
-
X-Factor in Distinctiveness – The unique quality that makes a mark inherently distinctive and registrable.
Y
-
Yielding Rights – When an owner voluntarily surrenders rights over a trademark.
Z
-
Zero Distinctiveness – When a trademark is generic or descriptive to the extent that it cannot be registered.