Types of Trademark in India | Everything You Must Know

 

The trademark is regarded as a form of intellectual property. You can obtain exclusive rights or ownership over a name, brand, or emblem by trademarking it. By registering a trademark in India, you gain ownership of the name, brand, or logo. Let us learn about trademarks and the various types of trademark in India that can be registered.

 

What is the definition of a trademark?

A trademark is a brand or logo that you use to set your goods apart from your competitors. The legal term for "intellectual property" is a trademark.

A trademark can also be defined as a word, phrase, logo, symbol, design, image, or a combination of these components. A trademark indicates the owner of a product or service's brand.

 

What Is Trademark Registration and How Does It Work?

If a corporation or individual wants to protect its logo from being misappropriated by a third party, it must go through the trademark registration process in India. 

Trademark registration online would provide you with the legal authority to sue a third party for trademark infringement. 

The owner of a trademark will also have an exclusive right to use it for its products or services if it is registered.

 

Types of Trademark in India

The types of trademark in India that can be registered in India are as follows.

 

Service marks and words

Any marks used to identify the products and services of a trading firm or a service-providing company are referred to as word marks. The service marks, on the other hand, indicate the services that a company provides.

 

Shape Marks

Shape marks are the marks that are the shapes of the product or the business's packaging. The product's appearance can set it apart from similar ones.

 

Symbols and logos

The printed figure/design or character, or the painted design or figures, that identify the company's name, service, or product's name, are referred to as logos and symbols.

 

Collective Marks 

It is referred to as the Collective Mark when the marks are related to a group of people or services. 

The organisation owns the trademark, but anyone can use it.

 

Series Marks

Series Marks are trademarks that have been registered to be used before or after a line of items that share a common suffix, prefix, or symbol.

 

Certification Mark

This is a mark that confirms the company's compliance with product standards and quality. This would alert the public to the fact that a certain company's product has met the certifying body's requirements.

It is usually a good idea to register your trademark in order to protect it from unlawful usage by others.

 

Geographical Indicator Marks

A geographical indicator is a label on a product that identifies the product's unique nature, reputation, and quality depending on its origin.

Geographical Indicators are provided by the Geographical Indicators Registry for natural, agricultural, manufactured, and handicraft products that have a specific geographical origin.

 

Pattern mark

A pattern mark is a mark that consists of a pattern capable of identifying and differentiating goods or services originating from a specific undertaking from those originating from other undertakings. Pattern Marks are recognised for such goods or services. 

The process for determining the originality of a pattern mark is similar to that used to determine the uniqueness of other trademarks. Patterns that do not have the ability to provide uniqueness or identifiable identity cannot be registered as pattern markings. 

If a pattern mark recognises and stays in the minds of individuals over time, it gains distinctiveness and can register as a pattern mark.

As a result, if the pattern is able to differentiate the product from other brands, it must be registered as a trademark.

 

Sound Mark

When a certain sound performs the role of uniquely identifying the origin of a product or service, it is a sound mark. In some circumstances, the sound links to a firm, its products, or its services. 

A sound mark is a mark that uses a distinctive sound to identify the company's product or services or brand from others in the mark. 

The sound can be a tune, lyrics, or any other sound that helps the public recognise the brand connected with it.

 

Advantages of a Trademark Registration

The following are some of the advantages of trademark registration online: –

• It gives the owner of a registered trademark legal protection.
• Assists in differentiating the product from other products on the market.
• Provides brand recognition and builds market goodwill and reputation.
• A registered trademark becomes a valuable asset for a company.
• A registered trademark boosts a company's overall value, net worth, and goodwill in the marketplace.
• Trademark registration aids business expansion by allowing companies to introduce new items and extend their operations.

 

What types of Trademark Symbols are there?

The following are the various sorts of trademark symbols:

 

® (Registered)

The applicant can begin using the ® sign to indicate that the trademark has been registered. After that, it is safe from infringement under the Trademark Act once the trademark registration is successful.

 

TM (Trademark)

This sign denotes an unregistered trademark for which a registration application has been submitted. For the time being, the TM symbol is to indicate that a trademark application is in process for that trademark. After the trademark registers, the R symbol will be in use.

 

SM (Service Mark)

The SM symbol is a service mark symbol that is primarily for service mark applications in the service industry. 

The SM symbol is for trademark registration applications in classes 35-45.

 

Conclusion

A trademark is a term used by a corporation or an individual to identify their products and services from those of others in the market. It allows them to establish their own identity and reputation. 

Sound mark, product mark, service mark, pattern mark, shape mark, certification, and collective mark are some of the several types of trademarks that can be registered in India. 

To register a mark under any of these categories, it must be unique and have a distinguishing feature. As a result, trademarks must be obtained in line with the Indian Trademarks Act, 1999's laws and regulations.