Types of Trademark in India:- Have you ever purchased a product by looking at its logo or icon, just because it looks familiar. Different Brands use their particular Logo or Design along with their names. This helps them to give a separate identity to their product with distinguishes it from the other product in the market. In this article you’ll learn about the different types of trademark in India.
What is a Trademark?
An intellectual property that has grown remarkably important is the trademark. Using a trademark, an organisation can assert ownership or control over a certain design or term to represent its services or goods. A trademark can be a symbol, a combination of numbers and characters, or a logo.
Simply put, holding a trademark for any symbol, logo, or group of characters indicates that you are legally the owner of that symbol, logo, or sign, and that no other business, organisation, or person is permitted to use it.
A trademark is defined by Section 2(zb) of the Trademark Act of 1999 as “a mark capable of graphical representation and which is capable of distinguishing goods and services owned by one person from those of others in the market.” This definition includes the appearance of goods, their colour scheme, and their packaging.
The main purpose of a trademark is to distinguish it from other brands that belong to the same class of goods and services; therefore, a distinctive mark serves this purpose best.
Validity of a Trademark:-
Any symbol, word, phrase, design, logo, or combination of them is protected by a trademark. It offers a product that serves as a source of goods or services an identity. The Trademark Act, 1999 and common law in India both provide protection for trademarks.
According to the Trademark Act, trademark registration is not required. However, once registered, a trademark gives its owner legal rights and protection for a term of ten years, which is then extended upon renewal.
A trademark has several advantages, including ease of marketing, establishing a distinctive identity, and serving as a source identification.
Different Types of Trademark in India:-
There are many different kinds of trademarks, including certification marks, form marks, collective markings, product marks, and service marks. No matter the type, the trademark’s goal remains the same.
All of these trademarks serve the fundamental function of assisting consumers in determining the source and calibre of the underlying goods or services.
One can categorise trademarks into the following groups:
- Product Mark
When a trademark is used on a product or good rather than a service, it is referred to as a product mark. In addition to helping a company or organisation preserve its stellar reputation, a trademark is utilised to indicate a thing or product’s place of origin.
As a result of their representation of commodities or products, all trademark applications submitted under trademark classes 1-34 are categorised as product marks. An approximate 18 to 24 month period is needed to register a product mark. Parle and Amul are both examples of product marks.
- Service Mark
The sole distinction between the service mark and the product mark is that the service mark is applied to any service rather than a specific product. It functions for every non-product item. The primary goal of the service mark is to set the proprietors apart from the true owners of that service. Because they identify non-product things like services, all trademark applications filed under trademark classes 35 – 45 are referred to as service marks. Example can be Ekart, as it provides the service by delivering the goods.
- Word Mark
Typically, a wordmark or a device mark is used to file a trademark. A wordmark is used to represent a brand when no other stylized or decorative components are present. Because the owner is permitted to use the wordmark in all manners, configurations, and representations, this type of registration provides the widest legal protection for a trademark. ITC and Coca-Cola are a couple of instances of registered work marks.
- Certification Mark
A certification mark is a form of trademark that designates a product’s origin, material, quality, or any other particulars that the owner specifies. This sort of trademark’s primary goal is to set standards for any good or product and to provide the consumer with a guarantee of the goods.
This kind of trademark can also be used to demonstrate the actual standards of any product by demonstrating that the particular goods the consumer is receiving have undergone various testing and are of a high calibre. On packed goods, shoes, clothing, toys, and electronics, certification markings are frequently utilised. ISI markings and ISO markings are a few of instances of certification marks.
- Shape Mark
A shape mark is a specific kind of trademark that is used to protect a product’s or good’s shape so that the consumer can recognise that the product is connected to a specific manufacturer and chooses to only purchase the product from the location of origin.
Only if a product’s shape is deemed to have a distinctive shape can it be registered. A Pepsi bottle or a Dairy Milk chocolate, for instance, have distinctive shapes that are associated with the brand.
- Sound Mark:
Occasionally, the sound that plays during the commercial becomes so well-known that when people hear it, they immediately understand what good or service is being advertised. In these circumstances, the sound might be considered a trademark and be eligible for registration.
A sound mark is a type of trademark in which a specific sound serves to signify the source of a good or service. In the case of sound marks, a specific sound is connected to a business, its goods, or its services, such as the roar of a lion used by MGM.
Along with brand music, the sound logo, or audio mnemonic, is one of the tools used in sound branding. A sound logo is a brief, recognisable song that is typically played at the start or finish of an advertisement. It can be viewed as the aural representation of a logo. To reinforce brand recognition, two styles of logos are frequently combined.
- Smell trademarks
A few trademarks of this type that have been registered have been given international registration. However, in India, a mark must be able to be visually depicted in order to be considered a trademark. The public ought to be able to recognise and identify such a depiction. Additionally, registration cannot be given for a functioning scent.
In addition, a fragrance that is functional or descriptive is also ineligible for registration. An example of a useful smell is a perfume that also contains nail polish remover to cover up the smell of chemicals.
Conclusion
Before registering a trademark, it is crucial to understand the level of protection it offers the owner.
The reason is that each one of them involves particular components and requirements. A trademark is a valuable asset that a proprietor can utilise to monetize both his trademark and his product. Additionally, trademarks serve as a barrier between registered trademark owners and other market competitors.
Last but not least, a trademark serves as a tool that allows the owner to employ the legal recourse provided to him to combat trademark infringement. As a result, prior to registration, a trademark’s kinds must be given the highest consideration.