Protection of Acronyms under Trademark Law

Dec 2022

It is known that acronyms are the first letters of a long phrase of words combined together. On the other hand, trademark is about a mark that shall help distinguish the product or service of goods or service from the rest of the items. Therefore, it can be said that an acronym can be registered under trademarked law. Is it possible to get automatic registration over the acronym or it is required to register it separately? To solve these queries and other relating ones, the following part of the article shall help you greatly.

What is the nature of acronyms?

The acronym is about function, feature or intention of the service that the brand caters to and it is not entitled for registration under trademark law. However, a mark with an acronym will be synonymous if case of the following:

  • Any word is descriptive of service of the applicant
  • The mark you use is an acronym of some other specific word
  • Some consumer consider the acronym relevant to some descriptive word pertaining to the service that the brand caters to
  • Therefore, it can be said that acronym should at least be descriptively suggest the trademark protection for the brand.

What is the scope of protection for the acronym?

The acronyms are not given automatic protection under trademark laws. To be eligible for the acronym protection, it should be applied by means of separate file application and this should be done after trademark registration. If you are applying it the first time, it is better to take assistance from an experienced attorney who can guide you for hassle free registration of the acronym in the trademark. Make sure that the acronym you choose should not be a generic one or it is not that easy to be identified by customers as synonymous for other service or products existing in the market. The trademark should have distinctive definition which is different from any generic description. If only these conditions are met, the trademark law will be recognized as a form of the registered trademark. Whatever acronym is used, it should be relevant to the service that the business caters to.

It should be understood that registration of trademark is not about registration of acronym. Only after the acronym has been properly reviewed for any duplicity and others, it will be eligible for registration along with trademark of the company. It should be related to the service of the company and you need to check for its existence from the trademark database. Check for similarities of sound, meaning and appearance of the trademark of the service.

Wrapping it up

Before the court rejects the claim for acronym registration along with trademark, it is better to choose the correct one that will be eligible for registration. The descriptive words are not allowed as these are common in nature and already used by others. So, the main objective is to pick a unique trademark along with acronym that shall help to describe the service of the company properly.

Trending Blogs
Pharma Companies File 15% of Patents in India
The Indian Pharma industry is primarily known for its Generic Drugs. But recently, to push its value higher in the market, the Indian pharmaceutical industry is investing more in research and development of new drugs along with increasing the potency of the existing ones to move up the value chain. From 2013-2015, out of the […]
Read More
Copyright Issues Involving Music
For a music composer, lyricist, a producer, or any performer, protecting music is a big concern under the U.S. copyright protection laws. By copyright, it indicates legal protection that is offered to the original work of music of the creator from others to use it by their name. The copyright law shall prevent others from […]
Read More
Trademarking surnames
Having difficult surnames may be challenging to explain others and also when you want to register the name as trademark. As per the trademark and merchandise act of 1958, it is stated that a mark can be refused if one choose a personal name or surname. Though, there is no such clear specification in the […]
Read More
India dropped to 40th position in International Intellectual Property Index
India has fallen to 40th position in the International Intellectual Property Index. This index helps know about the IP climate in the 53 global economies of the present year. This is as per the report US Chamber of Commerce’s Global Innovation Policy Center. As per last year’s report, India has been ranked in the 36th […]
Read More
3D Printing and IPR
The three-dimensional or 3D printing service is different from the traditional way of manufacturing. In the 3D process, objects are created layer wise to get the desired three dimensional impacts. Since the inception of this latest idea in 1980s, it has gone through several changes in the technology used. This requires use of different production […]
Read More
Why Is Protection of Geographical Indication or Designation of Origin Essential?
Having knowing regarding geographical indication along with designation of origin is something that is of great need these days. Geographical indication or GI indicates a symbol, name or sign relating to a product that corresponds to a definite geographical origin, product’s features, qualities that are due from the origin. To make a sign work as […]
Read More
Intellectual Property Glance
The discussion on intellectual property starts with distributing it into three categories for the same of convenience and clarity. The product of intellectual efforts: The product of intellectual effort could be tangible or intangible encompassing such outcomes as literary creations, artistic creations, books, music, song, dance, drama, sculpture, paintings and even computer programs. It must […]
Read More
Color Trademarks in the Pharmaceutical Industry
The trademarks are vital part of company goods or service and with help of trademark; the consumers are able to identify the business better. Before deciding the correct trademark option for pharmaceutical industry, it is necessary to check for its existence. If any similar one is already present in the trademark database, it is better […]
Read More
Need for Kashmiri Saffron to get the GI tag
The Kashmiri Saffron has been given geographical indication tag recently from Lieutenant Governor G C Murmu. The acquiring of GI tag is a step ahead in bringing the brand among the list of top ones. The tag has been given for the saffron grown in Kashmir. In this regard, it can be said that the […]
Read More
The Big Push to Reform Music Copyright for the Digital Age
Music creators of the present digital age should be aware of the copyright issues better due to different reasons. Music is made available on different websites, and it is necessary to prevent the increasing problem of infringement. Pertaining to this, a number of bills are proposed in Congress that can enhance royalty payment for the […]
Read More
X
Download Firm Profile