Trade Marks, Patents,
Designs & Copyrights in India

Six Suggestions for "Use of a Trade Mark"

Written By: Dr. Niti Dewan

  1. Ensure that when a trade mark is used, the indication ™ or ® is always used alongside. Thus Raymond® or ColorPlus™ .
  2. Never use a trade mark in the generic sense for example, Close Up is for close ups or This product will make your teeth white, It is a Promise!
  3. Care should be taken when using colours. For example the trade mark “ Blue Nile” should not be used in red lettering.
  4. The identity of the trade mark should be highlighted by making it bold or using a different font. For example Levi™ Jeans are very popular in India.
  5. Ensure that products are always ordered and sold under the trade mark. Therefore the trade mark must appear on all trade documents: order forms, sales invoices, delivery challans, and the like.
  6. Ensure that the trade mark is always spelt and pronounced properly not only by your sales staff but also your customers. For example, the mark ‘Ultimate’ mispronounced can have disastrous consequences.