Types of Trademark Registration in India

Last updated on September 24th, 2024 at 11:35 am

Introduction

A Trademark is a symbols, and word, that is used to differentiate the products and services of one brand to another. There are many different types of trademark registration under the TM Act 1999, including product, service, collective, certification, colour, sound, shape, and pattern marks.

There are many types of Trademark Registration in India but their purpose is the same, that provide goods and services to consumers.

Types of Trademarks

The main purpose of different types of trademarks in India is to make sure the distinctiveness of a business, products, and services and make them recognizable in the market.

Any person and business has a large variety to choose from names, logos, shapes, designs etc.

The types of trademarks are categorized into two categories:

(A). Conventional trademark:

A conventional TM is define by letters, word numbers, and pictures. It further includes different types of trademarks that are:

Product mark

A product mark is use for mainly goods and products but it does not include services. This trademark is use to identify the origin and source of goods and products and distinguish them from one another. Trademark class 1-34 could be considered product marks, as it includes products.

The maximum time required for registering a trademark is almost 18-24 months. important role plays by The quality and strength of the goods in the growth and success of a business.

For Example- Nestle, Amul, Lux, Colgate, Nike, etc.

Service mark

Service marks are use to define services provided by companies. It works for all non-product items. It consists mainly of words, phrases, symbols and combinations of these. Services trademark applications are classified under class 35-45.

Example – logos of ICICI, SBI, LIC, Hotels and other service provider industries & companies.

Collective mark

Collective marks are use to inform people about the better quality of service and products. government agency, association, and Section 8 company may own a collective mark.

Certification mark

A certificate mark is use to define particular goods and services that are provided by a certified trademark owner. It is main use to define the standard of goods and services. It helps the consumer to identify the high-class products.

Certified marks are mainly seen on toys, shoes, packed foods, electronics, cosmetics, clothes, and other items.

For example – ISO and ISI mark, FSSAI for food safety, Hallmark for jewelry, and Agmark for food products.

(B). Non Conventional trademark:

A non-conventional trademark is also define as a non-traditional trademark. this is very different from a conventional trademark as it does not include letters, numbers, designs, and symbols as a conventional trademark.

It mainly includes trademarks that are based on sounds, shapes, smell, appearance, taste, and texture. It is divided into the following types:

Colour mark

Colour mark defines the colour and combination of colours that the trademark owner uses for their brand name and logo. If the trademark is unique and catchy in colours and new invention of colours to customers then it can be easily identifie by customers.

A good combination of colours of the trademark helps to the successful registration of the trademark.

Sound mark

A sound mark is use, when a specific sound works to uniquely classify the source of a product and service. Many organizations and companies use a particular sound and tune to protect their brand. The company marked sound,  no one else can use that sound without their permission.

When people hear that particular sound then they easily identify the product and services of the brand. 

Shape mark

Shape mark is use to identify the shapes of goods and their packing. These shape marks help the products to make them different from others. It is use so that the customers easily identify the particular goods and their original brand. 

For example – coca-cola and Fanta bottles, dairy milk chocolate.

Pattern mark

All companies make their own pattern-based products to protect their products from others to copying them. A pattern mark is the only issue to that company which can prove that their products are unique and special from others. Pattern marks are most use in the fashion industry. 

Conclusion

Nowadays, it is very common for people to copy other’s brand names and logos and make their own company. To avoid these types of activities, it is essential to register a trademark so no one can copy your trademark and use it. Types of Trademark Registration in India and It is advisable to seek a trademark attorney for guidance in the process of trademark registration.

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