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Types of Trademark in India
Trademark is one of the unique and distinctive visual features that a company or firm possess. Trademark, usually in the form of ‘logo’ or in any such visual graphical form distinguishes the goods or services of one company from another. Such feature gives brand recognition and consumer trust. Likewise, there are various products and services that have well recognized registered trademarks. So, based on their features, trademarks are classified into different types.
What are the Major Types of Trademark?
In India, the Trademarks Act of 1999 recognizes many types of trademarks and each one of them serves distinct purpose.
Following are some of the significant types of trademarks in India −
Word Marks − It is a unique and distinctive mark that consists of words or alphanumeric characters. The word marks are, usually, simple form of trademarks and ideal for recognizing and protecting brand names, slogans, or even some distinctive words associated with a product or service.
Logo Marks − Logo marks are the stylish marks that represent graphic elements, designs, or symbols, usually, without having any alphabets. For many companies, their logos are their identity, as people identify them with their logos.
Combination Marks − As the term suggests, combination marks club both words and visual elements and provides comprehensive protection for brand names and the logos. Such unique types of marks are suitable for companies seeking to safeguard their brands in entirety.
Service Marks − As the term suggests, the service marks distinguish services instead of physical products. Such types of marks are suitable for the companies and firms that provide services, such as educational institutions, consulting companies, entertainment, or hospitality, etc.
Certification Marks − Unlike other marks, certification marks have some different features, as it verifies that the specific goods or services have very good quality and meet the defined standards, characteristics, or any such relevant qualifications. These marks are typically granted by an authorized body to maintain quality assurance within a particular industry.
Collective Marks − Collective marks recognize and protects products or services associated with a particular cooperation, association, or other collective groups. Such types of marks signify a shared source or origin that recognize the group identity.
Shape Marks − Shape marks, as the name suggests, recognize and protect the distinct shapes of goods or their packaging. However, getting the registration for a shape mark is a challenging task, as it requires substantial evidence of inherent distinctiveness.
Sound Marks − Sound marks recognize and protect a distinctive jingle, tunes, or any other auditory elements associated with a particular music band, individual musician, or any such company, which identity is identified by a music or sound tune. For example, typical sound tunes of Airtel (a telecom company).
Color Marks − Color marks are the unique and distinctive identity that intended to protect specific colors associated with a brand. However, registration of a color mark requires a strong demonstration of acquired distinctiveness and non-functionality.
Smell Marks − A distinctive smell mark, usually, associated with a particular product i.e. scent or perfume, protects its unique identity associated with a particular manufacturer.
Conclusion
As discussed above, every type of trademark represents respective goods or services distinctively and provide unique identity along with authorized protection. So, a better understanding of the nuances of each trademark type is essential especially for the businesses aiming to secure their intellectual property rights in India. Further, the registration process, challenges, and legal considerations vary for each category, necessitating careful consideration based on the nature of the brand and its offerings.
FAQs
1. Can you provide examples of certification marks and their purpose?
Examples of certification marks include the "ISI" mark. It signifies adherence to Indian quality standards. Certification marks verify that goods or services meet specified standards. It also offers consumers assurance of quality and authenticity.
2. What distinguishes service marks from other types of trademarks?
Service marks specifically distinguish services instead of a physical product. They are essential for businesses in service-oriented industries, for example, consulting or hospitality, ensuring the recognition of the unique identity associated with the services offered.
3. How do collective marks differ from certification marks?
Collective marks are normally used by members of a group collectively, such as an association, to identify their goods or services. On the other hand, certification marks, which signify adherence to standards, collective marks represent a shared source or origin within a specific group.
4. What types of sensory marks are recognized in India?
India recognizes a wide range of sensory marks; such as, sound marks, smell marks, and color marks as sensory marks.
5. Are there limitations on the registration of color marks?
Yes, there are specified limitations. To register color marks, applicants must demonstrate acquired distinctiveness and non-functionality. In other words, the color should be inherently distinctive and not merely functional or common in the relevant industry.
6. Can a single brand have multiple types of trademarks registered?
Of course yes. A single brand can have multiple types of trademarks registered based on the products and elements that he wants to protect. For example, a brand may register both a word mark and a logo mark to safeguard its brand name and visual representation.
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