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Best practise getting your brand acceptable for trademark

Apr 01, 2022

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Juice Shop Name
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Juice Shop                                (descriptive) 

Muruga Juice Center          (sure name and devotional name)

Tasty drinks                              (quality of the product)

Ocean Tray                              (phonetically similar to already registered brand ocean spray)

Sunset Vibe                             (suggestive word)

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Juice Shop

“Juice shop” might be objected, by the government under section 9. It is considered a generic mark. Generic Marks are common words used to present the name of the product or service. They don't have distinctiveness. They do less than describe the product or service. Generic names cannot be claimed for exclusive ownership.

Muruga Juice Center

The Supreme Court has ruled that names of gods or holy books cannot be trademarked to sell goods and services. A surname cannot be trademarked unless it has sufficient proof that the name has acquired distinctiveness through long-term usage.

Tasty drinks 

Tasty drinks might be objected, due to the representation of the quality of the product they sell. A trademark should not be confusing or lead to doubts regarding the quality or nature of the products.

Ocean Tray

Ocean Tray might be objected, under section 11. Section 11 indicates identical or similar marks already applied or registered brands. In this example, “Ocean tray” is phonetically similar to a well-known brand called “Ocean Spray”.Ocean Spray brand sells many products but is famous for its cranberry juice.

Sunset Vibe

Sunset Vibe is a suggestive mark. A suggestive mark is a word (brand name) that does not describe the product or service but suggests its underlying good. A suggestive mark is not descriptive. The primary use of the suggestive mark is to let the customer's imagination associate with the brand's characteristics. It has a good chance of acceptance under trademark if there is no similar/phonetically similar or identical mark there already exists in the same business.

Disclaimer

All product and company names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.
All specifications are subject to change without notice.

Tags :

suggestive markgeneric marksection 9Trademark classTrademark registrationTrademark consultantTrademark filingTrademark newsCoined wordSuggestiveDescriptiveGeneric

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