Floor 2, B wing, Silva Heritage Bldg., 29 Sherly, Sherly Rajan Rd., Bandra West, Mumbai 400050

What are the Essentials and Attributes of a Good Trademark?

What are the Essentials and Attributes of a Good Trademark?

Here is everything you need to know about the essentials of a good trademark and the features of bad trademarks that should be avoided.

What are the Essentials and Attributes of a Good TrademarkAs a company, there are unlimited things to do to run your business successfully. But trademark registration is the last thing that typically comes to mind, and people don’t realise that a good mark can have a cascading stream of benefits.

People not knowing the essentials of good trademark often make mistakes and face problems later. When a company uses a trademark more frequently, it escalates the relevance or familiarity of the brand amongst the client.

The prolonged use of the brand name often makes the product recognisable and popular amongst customers! Due to its popularity, it’s quite simple for others to replicate the same and misuse it.

Trademarking your brand, name, and logo safeguards your business even in the future. But, the main emphasis is on having your brand trademark distinguishable from the other products. Let us understand what a trademark is, its attributes, and the essentials of a good trademark.

What is a trademark?

Trademark is a form of IP comprising signs, designs, or expressions through which one identifies you as a brand. Trademark identify your product and service from those of the others! With the help of trademarks, your business gets distinguishable elements to it. People can recognise your company by blending a short, symbol, name, letters, numerals, or colour combination. Once customers start associating the trademark with your brand, it becomes replaceable and an intangible asset too!

What are the essentials of a good trademark?

Trademark undoubtedly offers value to your company; it acts as the face of your brand. To build a good reputation, you must consider your trademark unique, reflecting distinguishable qualities. For instance, shorter trademarks are quicker to remember compared to longer ones.

Essentials of good trademark also include a mark crafted in a manner that speaks about your brand and is easily differentiated from the crowd. Plus, without any second thought, you must register it to safeguard it for the long run.


The ability of the trademark to be identifiable is what defines distinctiveness. When customers look at your brand’s trademark, they can differentiate it from the rest of the brand. They know who they are dealing with and understand it simply through the glance of a trademark.


When a company uses marks with words or phrases that already exist in the dictionary. But, these phrases and words have no clear connection to your product and services. It means that even though the words exist, it doesn’t describe anything about your brand in particular.

One of the most common examples is the ‘Apple’ brand. It represents the fruit name but deals with luxurious gadgets and electronic devices. It is considered a good trademark because people already know the word/phrase. And, Consumers are excited to use it, knowing it has a different meaning but is used distinctively.


These are said to be among the strongest and most effective essentials of good trademark. Fanciful marks are those words people don’t usually speak in their daily lives. It is extraordinary, out of the box, but still easy to pronounce, catching a lot of attention.

These are marks that do not exist, and the company coins them for the very first time. It means that such a phrase never existed before, and the company is the first to introduce or “coin” it. It is the strongest because it is highly unique and a refreshing concept.

Features of a good trademark vs bad trademark

What’s a bad trademark?

Often, the company doesn’t realise the negative impact of a bad trademark, which will sooner or later affect its brand image.

Customers only put their interest in marks that are distinct, interesting, and create excitement. Since you know the importance of a trademark for your brand, you have to ensure it surpasses all expectations. And, it isn’t just concerning the client’s expectations, but also concerning law!

Marks that are merely suggestive

When talking about suggestive marks, they can be considered less extensive and weaker protection. It is when comparing it with arbitrary, fanciful, or coined marks! When using a suggestive mark, there are higher chances that someone else is using it too, those dealing with the same services and products.

For example, Airbus includes the ‘air’ term, which is very common and is commonly associated with aeroplanes. Therefore, the risks involved are high since the common words may overlap with another’s trademark!

Deceptive marks

It is considered bad if you use a mark similar to any other existing trademark. Even if your trademark slightly resembles the existing mark, it is considered a bad mark. Once you register your trademark without having a thorough check if anything similar to it exists, it will ruin your branding. People often get confused when there are similar elements in a mark, and it can be hard for them to distinguish you as a brand. Plus, it is, in a way, directly or indirectly infringing the registered Trademark.

Marks that violate the laws

You must always give importance to the law, especially when you are a brand; these are essentials of good trademark. The last thing you want is legal trouble since your mark has violated the rules. When choosing a mark, you need to verify the list of prohibited words mentioned by the law. If your mark violates the Trademark Act, it is considered highly wrong! Therefore, focus on the good words, and do proper research before proceeding with the selection!

Now that you know the difference between a good and a bad trademark. It is important to apply this information in your practical life. Your business needs to be out there, making a difference, creating a good name, and gaining recognition. And, trademark takes you many steps ahead in the game!

What’s a good trademark?

What are the essentials of good trademark? What makes your brand mark stands out from the competition and creates a promising positive image for yours? These are the most common questions that strike your mind when deciding on a mark for your brand. Let’s have a look at the list:

  1. It must be simple and very convenient to spell & pronounce. A good trademark is when people can speak and pronounce it without hassle! If they can spell it, there are higher chances of the trademark getting remembered.
  2. It can be a mark, including a heading, brand, ticket, word, or letter. It can also be a name, numeral, colour combination, device, and any combination of the above attributes.
  3. It shouldn’t be too long and very simple to recall. Long ones can often get overlooked since an individual doesn’t put any attempt to memorise them.
  4. Invented or created phrases, as well as unique geometrical patterns, which make excellent trademarks
  5. It must be distinguishable and highly unique, and it must have an individuality, even if the idea is inherited. It should not be similar to any other trademark already existing and registered.
  6. The most memorable trademarks are those having words, coined words, or features some extremely unique geometrical designs.
  7. It should portray only the quality of the product but shouldn’t be too descriptive.
  8. Clarity is crucial. A concise mark ensures that customers aren’t confused in any sense. They must not doubt the nature of the product/service.
  9. If you decide to register your trademark, remember to exclude all the elements in the prohibited class. The Trademark Act mentions the prohibited class.

Wrapping Up!

Your trademark must be easy to remember, simple to pronounce, and not too bland. People shouldn’t quickly overlook it. When you carefully follow the essentials of good trademark, you can make a better outcome. So, what’s best is to do proper research and find a mark that portrays your brand well.

It has to be short, crisp and clear, finest and perfect in every sense.


Copyright © 2022 Darren D’ Silva . All Rights Reserved. Sitemap Concept, Design & Hosting by Getlegal India  Practice Builder