Names As Trademarks In India

INTRODUCTION

Trademarks are essential in the field of intellectual property because they allow products and services to be easily distinguished in the marketplace. The Trademarks Act, 1999 permits names to be registered as trademarks in India. All names are not, however, eligible for registration. This article explores the intricacies of registering names as trademarks in India, looking at the Standards for Naming as Trademark Registration.

HISTORY

Prior to its repeal, Section 9(d) of the Trademark and Merchandise Act, 1958 expressly prohibited the registration of personal names or surnames as trademarks. Nevertheless, no such restriction is there in the Trademark Act of 1999 as Section 2 of the Trademarks Act of 1999 hardwires the following provisions.