Difference Between Cancellation and Rectification of Trademark
Trademark

Guide to Good Trademark Selection in India

5 Mins read

Last Updated on April 21, 2026

Choosing the right approach for trademark registration in India begins with understanding how to choose a brand name that is unique and legally strong. Using the right trademark selection tips and exploring unique brand name ideas can help you create a distinctive identity for your business. Before finalising your name, conducting a trademark search in India is essential to avoid conflicts and Section 9 trademark objections. Additionally, selecting the correct trademark classes in India ensures proper legal protection for your brand.

This guide will help you understand how to select a good trademark and avoid common mistakes during trademark registration in India.

Trademark Selection Tips for Strong Brand Registration

Choosing the right trademark is a crucial step in the trademark registration process in India. A unique and distinctive brand name reduces the risk of rejection and helps build long-term brand value.

Consider Avoid
Coined terms Descriptive terms
Fanciful terms Generic terms
Arbitrary terms Surnames
Suggestive marks Deceptively confusing marks
Animal or plant names Letter acronyms and numbers
Unrelated or off the rail terms Terms that have direct references to characteristics or qualities.
Terms referring to action or experience Superlative or laudatory words

Tips to Follow While Designing Your Trademark

1. Coined mark:

It is advisable to create a coined or invented word that has no existing meaning. Such trademarks are highly distinctive and more likely to be approved. It will be a good option. When you use a coined work, it will have no resemblance to anything that is already in the market. This makes your mark unique and easy to register. But, how to coin your mark? It is very simple and easy- just mix and match two or three words and derive a new word from it. But make sure that the coined term is not related to the goods or services for which it is used.

How to create one?

Combine two or more words to form a new term. Ensure it does not relate directly to your product or service.

Examples of coined terms:

  1. Kodak for photography
  2. Canon for the camera
  3. Google for web browsers
  4. Yahoo for the web browser and mail system
  5. Spotify for the music application
  6. Sony for the entertainment sector

2. Arbitrary mark:

It is a well-settled rule that a brand name should not be related to or connected with the goods or services; otherwise, you will face section 9 objections. Section 9 objections are absolute grounds of refusal that will affect your registration process. It basically means that your mark is weak, descriptive or generic.

Examples for arbitrary marks:

  1. Apple for Computers
  2. Sun in connection with Software
  3. Amazon for online market shopping
  4. Shell for gas stations
  5. Himalaya for beauty and skin products

3. Suggestive mark:

Suggestive marks indirectly indicate the nature or quality of the product without explicitly describing it.

Examples of suggestive marks:

  1. Netflix
  2. Microsoft
  3. Jaguar
  4. Airbus
  5. citibank

4. Animal or Plant names:

When we suffix or prefix plant or animal names to the product name, the product name becomes unique, because trademarks are always considered as a whole, not in parts.  It is, however, to be noted that the distinctiveness of the mark will depend on the type of goods and the nature of services

Example :

  1. Tiger biscuits
  2. Lion dates
  3. Apple computers
  4. Lotus herbals
  5. Lotus software
  6. Ford Mustang
  7. Butterfly kitchen appliances

5. Unique first word:

Normally, product names are not preferred on the mark, but if required, choose a unique name before the mark to make it a unique mark.

6. Action or Experience-Based Terms:

Terms referring to action or experience will be unique and distinct, as they will have little resemblance to the product or service for which they are generated.

What to Avoid While Designing Your Trademark

Now that you have an idea of what can make a good trademark, we will head towards what you can avoid while designing your mark.

  • Make sure the mark does not resemble any existing trademark. That is why you should also conduct a trademark search before registering.
  • Never have any descriptive words or generic words on your mark- it will reduce the probability of registration.
  • Avoid surnames or personal names – they can easily be rejected in the preliminary stage itself.
  • Never use any term that directly points towards the characteristics or quality of a product. This is possibly open to criticism.
  • Say bye to short forms: Avoid excessive use of abbreviations, as they may be confusing and difficult to register.

Steps to Select a Trademark for Your Business

After a brief overview of what to include and what to exclude, we will now discuss how to select a trademark for your business.

Follow a structured approach while selecting your trademark:

  • Understand your market, the type of goods or services you are into, and what can possibly attract customers
  • Write down all possible ideas that come to you.
  • Apply the elimination test- start eliminating options you think are not up to the mark.
  • Now take an expert opinion – who can guide you in terms of words, designs, colour combinations, etc.
  • While designing, keep the above checklist in mind and test your words.
  • Connect to a trademark agent to conduct a trademark search to ensure the availability of your trademark for the mark you chose. You can connect to our expert team to help you with the trademark registration process.
  • Determine the country you want to apply to and find the appropriate class for it.
  • Proceed with the trademark registration process.

Professional tip: spend more time on branding and trademark designing at the initial stage because it’s all about branding that will make a difference in your business. The more popular your brand becomes, the more profitable it will be for your business.

Before finalising your brand name, it is essential to conduct a trademark search in India to check availability and avoid Section 9 trademark objections.

You can also explore our trademark registration services for expert assistance in filing and approval.

How can we help?

Get expert assistance from Kanakkupillai to conduct a trademark search, select a strong brand name, and complete your trademark registration without hassle.

Our Process:

  • Contact us
  • Explain your business
  • Share details of your goods/services
  • Discuss your ideas with our experts
  • We conduct a detailed trademark search
  • Receive tailored suggestions
  • Proceed with registration

Frequently Asked Questions (FAQs)

1. Is it important to have a unique brand name?

Yes, it is important that your trademark be unique and distinctive so you can register your brand name easily.

2. What is a coined term, and how do I coin my brand name?

Try different combinations of words and see if they sound unique and distinctive when pronounced together. Also, see if you can incorporate the terms in a way that is not descriptive and is easy to spell and to remember.

3. What is the cost of registration of a trademark?

The official fees for registration of a trademark are INR 4500 for e-filing and INR 5000 for physical filing.

4. Can I use terms in my brand name that define my business so that people easily remember my business?

Absolutely not. The trademark registry will reject your application if your brand name defines the business or is indistinctive.  Always use distinctive terms for your brand name.

5. What is a Good Trademark?

A good trademark is unique, distinctive, and non-descriptive. It should not directly describe the product or service and must be capable of distinguishing your business from others in the market.

9 posts

About author
I am an aspiring Advocate, legal analyst, start-up advisor, and practising trademark attorney holding Bachelor degree in Business Administration and Law from the Tamilnadu Dr. Ambedkar Law University. I am fond of creative legal writing with aim to simplify legal terms and procedures for all those who require and those who want to dive into the legal world.
Articles
Related posts
Trademark

Trademark Registration for SaaS Brands in India

6 Mins read
Trademark

Trademark Tips: How to Choose the Perfect Logo for Your Business in 2026?

6 Mins read
Trademark

How to Change Proprietor Name in Trademark?

6 Mins read