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Can I Register a Trademark for a Common Word in India?

 Can I Register a Trademark for a Common Word in India?" 🏷️📚🤔

Client question of the day:
👉 "I want to trademark a very common word. Is it even possible in India?"
#TrademarkRegistrationIndia #IPLawIndia #BrandProtection #StartupIndia #TrademarkTips


📢 Short Answer: Yes… but it’s tricky! 🎯
You can register a common word if you make it distinctive enough for your goods or services. Without uniqueness, the Trademark Office will treat it like "trying to own the alphabet"! 🔠😂
#TrademarkLawIndia #CommonWordsTrademark #DistinctivenessMatters


📚 Legal Explanation:
✅ Under the Trade Marks Act, 1999, a trademark must be distinctive and non-generic.
✅ Common words can be trademarked only if they have acquired a secondary meaning tied to your business. 🏛️✨
✅ Think Apple for electronics 🍏— not for fruits!
#TradeMarksAct1999 #SecondaryMeaning #BrandBuilding #IntellectualPropertyIndia


🛠️ Key Points You Must Know:

⚖️ 1. Distinctiveness:

  • You must show that consumers associate the common word only with your brand.

🧠 2. Evidence Needed:

  • Heavy marketing, long-term use, and public recognition help prove it. 📢📈

🔍 3. Risk of Rejection:

  • If the word is too generic for your goods/services, the Trademark Office will likely refuse. 🚫

🚀 4. Smart Strategy:

  • Combine the common word with a logo, unique stylization, or another word for higher chances!
    #TrademarkProtection #StartupBranding #IPAwareness


🤣 Attempting to Trademark "Water" for selling water bottles:
Trademark Office: "Nice try, buddy!" 🚰🙄
You: "But it's MY special water!"
Trademark Office: "Still no." 😂
#TrademarkHumour #IPDrama #BrandNamingIndia


💡 Benefits of Trademarking a Common Word (If You Succeed!):
✅ Exclusive rights to the mark in your business segment
✅ Stronger brand recognition
✅ Protection against copycats
✅ Higher brand valuation 🚀
#BrandValue #TrademarkSuccess #IPRightsIndia #UniqueBrands


🖋️ Want to Trademark a Common Word and Make It Yours?
At LEXIS AND COMPANY, we craft smart trademark strategies, file applications, and fight for your brand’s legal identity! 🏆📝
#LexisAndCompany #TrademarkFilingIndia #BrandProtectionExperts #StartupLegalSupport

📞 Call us now: +91-9051112233
🌐 Website: https://www.lexcliq.com

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