VIVEKANANDA INSTITUTE OF
PROFESSIONAL STUDIES
-
I
Intellectual Property Rights PSDA
Submitted by:
Prabhanshu Singh Parmar
12617703521
VIII-M
Submitted to :
DR TANVI SINGHAL
FILING OF A TRADE MARK APPLICATION
Registration Of Trade Mark
Company
A Car Manufacturer Company
“ROAD RACER”
1. Description of the Business
ROAD RACER is a high-performance car manufacturing
brand specialising in the design, production, and sale of
luxury sports cars and electric vehicles. The brand aims
to provide automotive enthusiasts with a driving
experience that combines cutting-edge technology,
unparalleled performance, and sleek, modern design.
Road-racer cars cater to discerning individuals who
seek both speed and sustainability in their vehicles,
offering top-tier innovation in the automotive space.
Tagline: “Unleashing Speed, Crafting Perfection.”
Road-racer’s vehicles are designed for those who
appreciate precision engineering, from high-speed
road cars to futuristic electric models. The brand
blends advanced automotive technologies with luxury
aesthetics to deliver cars that are not only fast but also
environmentally conscious.
Key Aspects of Our Business Model:
•Innovation in Automotive Design: road-racer
emphasises technological advancements, including
electric vehicle (EV) platforms, autonomous driving
systems, and hybrid propulsion systems.
•Market Positioning: Positioned as a premium
performance car brand, offering vehicles for both high-
performance driving enthusiasts and eco-conscious
consumers.
•Sustainability Commitment: Focus on producing eco-
friendly electric and hybrid cars, ensuring that the
brand is part of the future of green transportation.
•Target Audience:
1.Luxury car buyers and automotive enthusiasts
seeking high performance.
2.Consumers interested in eco-friendly, electric
vehicles (evs) without compromising on performance.
3.Car collectors and individuals seeking unique,
limited-edition vehicles.
2. Goods and Services Offered
ROAD RACER offers a diverse range of vehicles under
Class 12 of the NICE Classification, including:
Vehicle Offerings:
1.Luxury Sports Cars
High-performance sports cars designed for speed,
agility, and precision on the road, featuring cutting-
edge technology and design.
2.Electric Performance Vehicles
High-performance electric vehicles with advanced
battery technology and exceptional acceleration
capabilities, designed for the eco-conscious consumer.
3.Hybrid Sports Cars
Combining electric propulsion with a combustion
engine, these vehicles offer both performance and
sustainability.
4.Luxury Car Customisation
Custom design services for consumers looking to tailor
their road-racer vehicle to their exact specifications,
from body style to interior features.
5.Limited-Edition Models
Exclusive, high-performance cars released in limited
quantities for collectors and enthusiasts, featuring
unique design elements and special features.
3. Class of Goods or Services Offered(NICE
Classification - Class 12)
The NICE (International) Classification of Goods and
Services is an internationally recognised system for
classifying trademarks. The ROAD RACER trademark
application falls under Class 12, which includes:
•Land vehicles
•Motor vehicles (including cars, motorcycles, and
electric vehicles)
•Apparatus for locomotion by land, air, or water
Since the brand manufactures luxury sports cars and
electric vehicles, it is most appropriately classified
under Class 12.
4. Trademark
“ROAD RACER”
CAR
MANUFACTURER
The trademark “ROAD RACER” is a distinctive word
mark that captures the essence of high-speed
performance, precision engineering, and innovation in
the automotive world.
“Road” – Represents the focus on vehicles designed for
optimal road performance.
“Racer” – Signifies the high-performance aspect of the
brand, alluding to racing, speed, and exceptional
agility.
Brand Identity Considerations:
•Memorability: The name is straightforward and easy
to remember.
•Premium Positioning: Conveys the essence of
performance, speed, and luxury.
•Versatility: The name is adaptable for branding across
various vehicles, promotional materials, and digital
marketing.
This combination creates a strong, clear brand identity
suitable for the high-end automotive market.
5. Description of the Mark Under Section 2(m)
of the Trade Marks Act, 1999
Legal Definition Under Section 2(m):
According to Section 2(m) of the Trade Marks Act,
1999, a “mark” includes:
Device, brand, heading, label, ticket, name, signature,
word, letter, numeral, shape of goods, packaging,
combination of colours, or any combination thereof.
Nature of the Trademark:
•WORD MARK – “ROAD RACER” is filed as a word
mark, meaning it consists only of text without graphical
elements.
If the brand later introduces a logo or specific design
elements, it can be registered separately as a device
mark or combination mark.
6. Justification for Registration of the Mark
A ) Overcoming Absolute Grounds for Refusal (Section
9 of the Trade Marks Act, 1999)Section 9(1) prohibits
trademarks that:
•Lack distinctiveness
•Are directly descriptive of the goods/services
•Are common trade terms
||Arguments in Favour of Registration:
•ROAD RACER” is not directly descriptive of cars; it
evokes the idea of speed, performance, and racing
without describing the specific product.
•It is not a common trade term in the automotive
industry.
Case Law:
•Imperial Tobacco Co. Of India Ltd. V. The Registrar of
Trade Marks: The court ruled that descriptive
geographical names cannot be monopolised unless
they acquired distinctiveness.
•“ROAD RACER” is inherently distinctive and not a
geographical term.
B. Overcoming Relative Grounds for Refusal (Section
11 of the Trade Marks Act, 1999)
Section 11(1) prohibits trademarks that:
•Are identical or similar to an earlier registered
trademark.
•Create consumer confusion in the market.
Arguments in Favour of Registration:
•A comprehensive search for similar trademarks
confirms no identical or similar marks exist in the
automotive industry.
•“ROAD RACER” is a unique combination of words,
increasing its distinctiveness.
Case Law:
•ICICI Bank Ltd. V. Chuandong XU: The court
emphasised distinctiveness and consumer recognition
in trademark protection
7. Search for Similar Trademarks on
www.IPINDIA.com
A search on the Indian Intellectual Property Office
website (www.ipindia.com) confirms:
• No identical trademarks exist.
• No confusingly similar trademarks exist in
Class 12.
8. Analysis of Similar Trademarks (If Any Exist)
If a similar trademark were found, the applicant could
argue:
•Phonetic and visual differences to establish
distinctiveness.
•Non-overlapping product categories (if another
trademark applies to a different type of vehicle).
•Abandoned or expired trademarks do not pose a legal
obstacle.
9. Conclusion
The trademark “ROAD RACER” qualifies for registration
under Class 12 because:
•It is distinctive and non-descriptive.
•It does not conflict with any existing trademarks.
•It complies with Sections 9 and 11 of the Trade Marks
Act, 1999.
Therefore, the applicant should proceed with filing the
trademark application to secure strong legal protection
for the ROAD RACER brand.
This document outlines the trademark registration
process and justifications for ROAD RACER, ensuring it
meets all legal requirements and stands out in the
automotive industry.
