Types of Trademark in India
The
Trademark Act, 1999, allows you to register several types of trademarks.
Therefore, before you go for Online Trademark
Registration, do thorough research about the types of trademark
in India.
Above
all, to avoid infringement, search for the marks on the official website of the
trademark authority.
Here is a
list of different types of trademarks:
Word Marks
It is the
most common type of trademark that are registers in India. To clarify, they
relate to any word used to classify the products and services of a company.
In other
words, if the brand name of your product or service is only text, then it will
register below Word Marks.
For
Example - The word Nestle® is a Word-Mark.
Service Marks
Service
Mark represents the service of a company or business in which they deal.
Therefore, they distinguish different services in the market and register under
the trademark class 35-45.
For
example - FedEx describe their service as a courier delivery provider.
Logos and Symbols
A logo is
a painted pattern/picture/figure. However, you have to register the wordmark
under both word mark and logo mark if you use it as a logo.
Above
all, you can register it by a single application in India.
For
example - Apple uses its registered apple fruit symbol on each of its products.
Shape of Goods
The shape
of a product is classified also has to be trademarked to avoid infringement
sometimes. Therefore, the product also distinguishes based on its
packaging.
For
example - The Coca-Cola drink is also known for the shape of its bottle as they
have registered the shape of the bottle so that no one can copy it.
Series Marks
The
trademarks having the same syllable, prefix or suffix are series marks.
Moreover, they indicate that all of them belong to a particular brand. Above
all, they vary only by non-distinctive aspects such as goods, price, quality or
size.
For
example- McDonald uses MC registered as a wordmark with all their product range
such as Mcpuff, Mccafe etc.
Collective Trademarks
The marks
that link with a group of people are collective marks. Above all, only a single
organization owns it. However, all the organization members can use it to
indicate they are part of one organization.
They are
mostly the title that indicates the source of services or products by an
individual.
For
Example - A chartered accountant uses the “CA" mark as they are a
registered member of the Institute of Chartered Accountants.
Certification Mark
The certification
mark shows a specific feature proof that the company has met. It indicates the
public of the quality of goods or services provided by the trader. Moreover, it
guarantees that the owner has good quality of products certified by the quality
assurance authority.
Certification
marks define the quality of goods and services.
For
Example - FSSAI - Certification assures the customers about the quality of
packaged food.
Geographical Indicators
A
geographical indication trademark shows the different nature, character and
features the products possess by their origin place.
You have
to apply for a Geographical indicator with the GI Registry. Besides, it is
given to natural, agricultural or handicraft products if they are only from a
specific geographical region.
For
Example, - Assam Tea is a GI under the Intellectual Property Rights.
Conclusion
Apart
from these the trademarks are also classified into three types of trademark in
India such as: Descriptive, generic and suggestive. But the above description
is a more detailed one divided into sub-category that will help you understand
better about trademark classification.
A Trademark Assignment or Licensing agreement can be used to transfer trademark ownership when selling, licensing, or licensing a trademark.
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