Not every word, symbol, or design can qualify as a trademark. Trademark law sets restrictions to ensure that marks are distinctive, not misleading, and fair for competition. The following categories cannot be registered as trademarks:
1. Generic Terms
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Words that directly name the product or service cannot be trademarks because they do not distinguish one business from another.
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Example: “Milk” for dairy, “Bread” for bakery products.
2. Descriptive Marks Without Distinctiveness
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Marks that merely describe the quality, quantity, use, or characteristics of a product are not registrable unless they acquire secondary meaning.
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Example: “Sweet Chocolates” for chocolate products.
3. Deceptively Misleading Marks
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Marks that mislead consumers about the nature, quality, origin, or composition of goods/services are not allowed.
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Example: “Pure Silk” for a polyester scarf.
4. Marks Contrary to Law or Public Policy
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Any mark that is immoral, obscene, scandalous, or offensive cannot be registered.
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Example: Profanity or hate symbols.
5. Marks Identical or Confusingly Similar to Existing Trademarks
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A mark that is identical or similar to a registered or well-known trademark for the same or related goods/services cannot be registered.
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Example: Using a logo very similar to the Apple logo for electronics.
6. Flags, Emblems, and Official Symbols
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National flags, government emblems, military insignia, and international organization symbols cannot be registered.
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Example: The Indian National Flag, United Nations logo.
7. Common Names and Surnames
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Names of persons, unless used in a distinctive way, generally cannot be registered.
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Example: “Smith” for general retail services without a unique design.
8. Functional Features
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Features necessary for technical or functional use of a product cannot be trademarked, as trademark law protects identification, not functionality.
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Example: The shape of a screwdriver handle if it is functional.
9. Marks in Public Domain
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Words, symbols, or designs that are already widely used in the public domain cannot be trademarked.
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Example: Common shapes, colors, or phrases that everyone uses in trade.
✅ Summary
A mark cannot be registered if it is:
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Generic or common
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Descriptive without distinctiveness
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Misleading or deceptive
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Offensive or illegal
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Identical/confusingly similar to existing marks
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Official emblems, flags, or symbols
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Functional in nature
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Widely used in public domain
By restricting these, trademark law ensures fairness, prevents consumer confusion, and maintains the value of distinctive marks.