In section 2(1)(m) the definition of the expression “mark” includes inter alia “letter” and “numeral”. The definition of “trade mark” means “a mark capable of distinction” The law therefore recognizes a trade mark may be constituted by a letter or letters or a numeral or numerals. Whether a letter or numeral mark can be registered prima facie will depend upon whether the average consumer of the goods/services at issue would expect all such goods/services offered for sale under the sign to originate from a single undertaking. If the sign does not possess the character necessary to perform this essential function of a trade mark it is “devoid of any distinctive character.” Marks consisting of single letters or two letters will be generally regarded as “devoid of distinctive character” for goods because of tendency in trade to use letters as models or catalogue references unless otherwise shown as evidence of the trade practice. Two letter marks may be acceptable in respect of services having regard to the trade practice. Four digit numbers per se which are current such as 2007 or shortly forth coming dates such as 2008 or 2009 etc signifying a year of production or their expiry period will be considered as devoid of distinctive character. See AD 2000 TM cases (1997 RPC 168) The mark consisting of letters “P.R.E.P.A.R.E. was refused registration as being devoid of distinctive character and appeal was dismissed. (1997 RPC 884)
Combination of letters and numerals: Combination of letters and numerals will be considered differently as a composite mark and such unique combination may qualify for registration. The registration of such marks would give right only for the use of composite mark and not for separate integers. See Section 17 (2). letters and numerals presented with additional features or which are intertwined, conjoined etc having a trade mark character , may qualify for acceptance. The distinctiveness of the mark must be assessed with reference to the goods /service in issue.
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