Device and Word marks in Trademark Registration in India
Introduction
A trademark is a name or logo that helps to identify the source and origin and distinguish the products and services from one brand to another. It allows the brand’s products and services to be easily identified.
It includes a name, logo, design, word, numbers, colours, and combination of letters. Trademarks are of various types according to their nature. With this article, we understand the Device and Word marks in Trademark Registration in India two main types of trademarks.
Word mark
This type of trademark uses a word, phrase, or combination of words that are use to differentiate the source of products and services from others. The words used don’t need to have any meaning.
It can also be a combination of random letters with or without digits. Generic, descriptive and specific words can be use for word marks.
It is also known as a text mark and a verbal mark. A word mark uses only words to represent a brand, business and their associated products and services.
Advantages and disadvantages of word mark
Advantages-
- The words and letters can be represent in any manner, style, font, and design. However, the spelling of the words must be the same as mentioned in the trademark registration application.
- It Can establish a strong association with the brand name.
- Translated easily into other languages.
- It is more economical to produce, use, and maintain.
- It is easier to recognise and remember.
Disadvantages-
- These are relatively noticeable in the competitive market.
- It is limited in design and creativity.
- There are many products and services with which the word mark can’t associates.
Device mark
A device mark is a graphic image of a trademark that combines words, letters, and numbers in a design. Device marks can represent with colours. Logos, graphics, and stylized text that are a business or brand’s identity can all consider as device marks.
These are a popular choice for businesses to display attractively as they can communicate the business’s brand identity effectively. It should not be similar to any other mark to Registered.
As it represents the brand accurately and helps it stand out in the competitive market. That’s why businesses should take extreme care of device marks.
Advantages and disadvantages of device mark
Advantages-
- Their design is unique and attractive.
- The designs are difficult to copy so they provide more protection to the brand.
- These are easily identifiable.
- This can be a great tool to create a deeper emotional connection with consumers.
Disadvantages-
- It can be expensive to create and register the device mark.
- These may be not able to perfectly convey the brand’s message.
- This may not be effective for famous brands.
Difference between device mark and wordmark
| Word mark | Device mark |
| Consists of only text, no images and no graphical representation. | Consists of graphical and visual elements, which may contain text. |
| Provides comprehensive protection to words and combinations of words used. | It protects the specific colour, shape, audio and picture that is used in designs. |
| Allows for multiple fonts, styles and visual presentations to be used simultaneously without compromising the core identity. | Demands accurate visual presentation and consistency in design, as major changes may lose security. |
| Brand name of Coca-Cola and Nike. | Apple’s logo |
Conclusion
You must select the relevant trademark keeping in mind the needs and objectives of your business. Choose a mark that best represents your brand identity in the market and protects your business and its identity and reputation for years to come.
For this, you can consult a good trademark lawyer. Device and Word marks in Trademark Registration in India are Important.
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