What are the different types of trademark in India?

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What is a Trademark?

Trademark is a mark used to distinguish a product or services of one person from the other by providing a distinctive character and uniqueness to such products. A Trademark Registration is the legal protection of one’s brand name such that it cannot be copied by any other party. A Trademark is a visual symbol which may consist of a word, signature, device, numeral, heading, label, name, that is written in a particular style in order to make it distinct from others.

Types of Trademark?

The various types of trademarks in India are as follows:

1) PRODUCT MARK

Product mark is a mark that is used on a good or on a product rather than on a service. It is used to identify the source of a product and to distinguish a manufacturer’s products from others.

2) SERVICE MARK

Service mark is a mark which is related to the services and not the products or goods. A service mark is used to identify the source of service. A service mark is nothing but a mark that distinguishes the services of one person from that of another.

3) DEVICE MARK

Where the trademark lies in the unique representation of a word, letter or numerical, it is called as a device mark. These are used to provide protection to logos and labels.

4) WORD MARK

Word marks may be words letters or numerals. A word mark gives the proprietor a right only in the word, letter or numerical.

5) COLLECTIVE MARK

These are the trademarks used by a group of companies and can be protected by the group collectively.  Collective marks are used to inform the public about a particular feature of the product for which the collective mark is used. In a collective mark, normally the standards of the products are fixed by the regulator owing the mark.

6) CERTIFICATE MARK

Certification mark is a sign that denotes a products origin, material, quality or other specific details which are issued by the proprietor. The main purpose of certification mark is to bring out the standard of the product and guarantee  the product to the customers. Thus, certificate mark are used to define the standard. They assure the consumers that the product meets certain prescribed standards.

7) SHAPE MARK

A shape mark is a mark that is used to indicate the shape of the goods, its packaging and etc. The shape mark is used only when it is possible to represent the shape of the product clearly. A shape mark helps to distinguish the goods sold under such trademark from the other manufacturer.

8) PATTERN MARK

These are the marks consisting of a pattern which is capable of identifying the goods or services as originating from a particular undertaking and thus distinguishing it from those of other undertakings. Such goods/services are registrable as Pattern Marks.  For a pattern to be registered, it has to show evidence of its uniqueness.

9) SOUND MARK

A sound mark is a trademark where a particular sound does the function of uniquely identifying the origin of a product or a service.  Such sound is associated with a company or its products or services.

10) SMELL MARK

When the smell is distinctive and cannot be mistaken for an associated product it can be registered as a smell mark. For example, Perfumes.

For Trademark Registration in India, visit eTaxFinance

Note: This Post was last updated on July 14, 2021

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Sunita

Founder & Director | COO & CHRO at eTaxFinance | Content Writer at eTaxFinance Blog | Department Head for Intellectual Property & Startup Team | Head-Corporate Strategy and Planning