Well, if you have a unique surname then you’ll not only have difficulties in explaining to people how to get it right but you will also have the difficulty in getting it registered as a trademark in India. Having said that, there are obviously many discrepancies between the law and the judgments and what is actually happening.
Lawyers in general are not the most loved people on the planet. There is always a sense of caution when we’re dealt with. It’s also probably why the legal profession has two patron saints St. Ives and St. Thomas Moore (must be twice as difficult for us to get into heaven). Anyway leaving God and the Saints out of it, in any Company (more so in an FMCG one) the In-House legal team is generally disliked to a great extent by the Marketing team and are at loggerheads with each other on a fairly regular basis. Ruling out personal conflicts, the main cause of trouble, is the fact, that marketing teams like catchy product names, which leave very little doubt as to what the product is – Glass for a for a pair of glasses, Watch Kart for an online store that sells watches; which is exactly what the law does not permit. While the legal team, may seem like permanent killjoys, members of marketing teams, may consider their choice of brands more carefully, if they knew the basics of trademark law and three very important reasons not to choose descriptive or generic trademarks.
We are a boutique intellectual property law firm based out of India, assisting clients ranging from early-stage start-ups to Fortune 500 companies across several industries in protecting intellectual property across the globe.