Can Abbreviations be Trademarked?

When launched in the market, a product gains recognition initially with its outside appearance. Therefore, companies pay close attention to their brand names and overall appearance, through which they can establish their own unique identity amongst other organizations.

Here are the steps in the trademark, which protects the unique brand name/mark, which can help the consumer avoid confusion while making purchases of a particular brand. 

The brand name that has obtained trademark registration does not deem to cover the abbreviations of such name automatically, which implies that separate trademark registration is required to protect the abbreviations. 

Brief about Abbreviations:

Abbreviations are used as a short form for a particular word or phrase, such as the abbreviation for "January” is “Jan”, likewise the short form of "Kilogram" is "kg". Abbreviations are used to avoid repeating long words/phrases, thus, saving both space and time. Long or cumbersome phrases are used, making them easy to identify and read.

These days most of the words are generally used in abbreviated form. Many companies also present the name of their products in abbreviated form, which provides an appealing and effortless identification to the product and attracts more consumers.

Abbreviations and Trademark:

As per Section 2 of the Act, the mark includes:

•  Devices;
•  Label:
•  Letter;
•  Signature;
•  Brand;
•  Heading;
•  Tickets: 
•  Name;
•  Word;
•  Numeral;
•  The shape of the goods;
•  Packaging/combination of colors;
•  Any combination thereof

The abbreviations also form part of the definition; thus, they can obtain trademark protection.

For an abbreviation to obtain the trademark, one must satisfy certain conditions:

• The abbreviations must possess significant differences from already existing marks, through which they can be distinguished easily from the products of other brands.
• It should not be generic.
• It requires separate registrations under trademarks.
• It should not be descriptive of the kind of product, etc.
• Such abbreviation is not commonly observed or are not established in trade routines.
• It should not indicate the kind/ quality/ quantity/ intended purpose/ values/ time of production of the product or service.
• It is not confusing to the public.

Apart from the above conditions, the abbreviation must not fall under the criteria mentioned in Section 9 of the Trademarks Act, which provides the grounds for the refusal of registration.

Advantages of getting Trademark Protection for Abbreviations:

Abbreviations similar to any other mark can present a brand that must protect:

• Establish their own unique identity.
• Avoid repetition and confusion.
• Help gain the trust of consumers.
• Prevent legal litigation that might arise due to using such abbreviations by someone else.
• Customers can protect themselves against deceit while getting their goods or services.