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SYNOPSIS:
1. Nature, Scope and Objective of Trade Marks Ordinance, 2001
2. What is Trade Mark?
a. Definition
b. Explanation
c. Essentials
d. Functions
3. Conclusion
Chemical Company and another, the High Court of Karachi held that the a trade mark is
meant to distinguish the goods of owner of owner of the mark whether registered (or
otherwise like prior user) from that of other manufacturer or producer of the goods.2
(ii). Invented Word: A trade mark if consisted on letters should be an invented word.
Invented word means a word which is solely new one.
(iii). Easy to Pronounce and Spell: If a trade mark is consisted on words, the words
should be easy to pronounce and spell. It should also be easy to write e.g. Jad, Sag, Ren
etc.
(iv). Suggestive of Quality: A trade mark shall not be the one which describes the goods
rather it must be suggestive of the quality of the goods or services, e.g. 1on1, Xlent
etc.
(v). Shortness: It should short. For example, Meg, Sung etc.
(vi). Appealing: Furthermore, a good trade mark should be so pleasant that it should
appeal to both to eye and ear.
(vii). Compatibility: Before, finalizing a trade mark it must be seen that whether it
fulfills all the requirements for registration or not. For the purpose to register a trade
mark, the trade mark must be compatible otherwise, the registrar may refuse to register it.
(e). Functions: The functions of a trade mark may be given as under;
(i). Identification: It identifies the goods of its owner from the similar goods of other
manufacturers or undertakings.
(ii). Assurance of Quality: A trade mark assures the quality of the goods to which it is
associated. It helps the consumer to ascertain the quality of the product.
(iii). Publicity: A trade mark is also a source of advertising the goods to which it is
connected.
(iv). Creating Image: It creates the image of the product to which it is applied in the
minds of the people generally and of the consumers particularly.
3. Conclusion: To conclude, trade mark is a sign or mark which individualizes the goods
or services of one enterprise from the goods or services of others. A mark to be known as
a trade mark it is important that it should be capable of graphical expression and it must
be distinctive one. A trade mark is basically meant to facilitate the consumer and it also
gives benefits to the manufacturer.