Relation in the midst of Social Media and a Hashtag
The word or phrase Hashtag is preceded by a hash sign (#) highly used going as well as suggestion to for social media websites and applications to identify messages concerning a specific subject. Mainly it is used for social media Marketing twist of view toward. The initiator has introduced hashtag following the mean to maximize the achieve of the subject to the people and it is moreover a common platform for a subject. It has a gift to grasp the attention of a large number of audience so of which it leads to a generation called #tag. Social media is emerging as an snappish online publicity channel for the brand owners for difficult than 10 years using #hashtag. Now, the most powerful weapon in the world of social media is of course #hashtag. This article will relief you to know behind and how can you go through the process of Trademark registration even though it comes to Trademark a Hashtag.
Can You Trademark a Hashtag knocked out Indian Trademark Act 1999?
Of course, you can Trademark a hashtag just when accumulation word or phrase which is directly associated to your product or facilities. There is a specific definition provided asleep section 2 (m) of the Indian Trademark Act, 1999 and according to this “A Mark that consists of a device, brand, heading, label, ticket, state, signature, word, letter, numeral, concern of goods, packaging or even a inclusion of colors thereof”. By behind the above definition a Hashtag can qualify as a mark that is countable sedated a pursuit of words and numeral but to register it as a Trademark, the definition provided out cold the Indian Trademark Act,1999 section 2 (ZB)-
“Trademark refers to the mark which is swine gifted to be represented graphically and distinguishing the goods or facilities of one person from those of others either includes the involve of goods or their packaging and union of colors”
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As per the above definition, the first condition is instantly fulfilled because hashtag is a combination of words and numerals which can be represented graphically. The study arises in the second condition which is an ultimate test for a Hashtag to qualify as a Trademark. Although, it is not that easy to achieve the necessary or basically, the second condition. The Hashtags have a totally limited shelf liveliness because of the topics which tend for a brief times by now they die their own death in a rapid span of grow pass and some new topic and hashtag takes beyond.
The Trademark is a source identifier and the Hashtag that can fulfill these criteria can qualify for registration as per the Act.
What are the reasons for Refusal?
Under section 9 of the Indian Trademark Act 1999, the actual reasons for the refusals are unconditional below sub-section (1) of section 9. It states that-
“A Trademark which is devoid of any distinctive setting that is to interpret, not gifted of distinguishing goods or services of One person from those of other, shall not be registered.”
If we analyze this section, we can make known that the Hashtag which can thoroughly satisfy both the conditions of the Indian Trademark Act 1999 can unaided be supervisor to be protected below the Law. The distinctive flora and fauna which is mentioned out cold the Act may be classified into two categories:
(1) Inherent
(2) Acquired
Hashtag may easily slip deadened the above two categories as it can be an invented word and it can be something which tends for a longer epoch of become old so that the people can set in motion identifying the particular source through #Hashtag single-handedly. Moreover, one business should with be kept in mind even though applying for Trademark Hashtag, the word which is to be used considering a Hashtag should not be a common or generic word on the other hand it will not make it distinctive. The Trademark must p.s. the test of distinctiveness of Trademark provided out cold the Act.