Jan 17, 2018
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Types of Trademark In India

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Types of Trademark In India

Trade mark

Trade mark means

  • a mark capable of represented graphically and which is capable of distinguishing the goods or services of one person from choose of others and may include shape of goods, their packaging and combination of colors; and
  • in relation to a registered trade mark or mark used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and
  • some person having the right as proprietor to use the mark, and in relation to other provisions of this Act, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so to indicate to a connection in the course of trade between the goods or services, as the case may be, and
  • some person having the right, either as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark.

Types of Trademark

1. Product Mark:

A product mark same as a trademark. The only difference between both, refers to trademarks related to products or goods and not services. Its used to identify the source of a product and to distinguish a manufacturer’s products from others. Trade mark treated as important as it protects the goodwill and reputation of a Business. The application for the trademark can filed within few days and “TM” symbol used til registration. The Trademark registry normally requires 18 to 24 months to complete the formalities or process. The ® (Registered symbol) can used next to the trademark once the trademark registered and also registration certificate issued. Once registered, the validity of a trademark for 10 years from the date of filing, which renewed from time to time.

2. Service Mark:

A service mark similar to a trademark. But here instead of product or goods, it identifies the source of service. For example, a company such as Yahoo may brand certain products with a trademark, but use a service mark on the internet searching service that it provides. It denoted as ‘SM’.

A service mark means a mark that distinguishes the services of one proprietor/owner from that of another. Service marks represents the services offered by the company. They are used in a service business where actual goods under the mark are not traded. Companies providing services like computer hardware and software assembly, restaurant and hotel services, courier and transport, beauty and health care, advertising, publishing, etc. now in a position to protect their names and also marks from misused by others. The rules governing for the service marks are fundamentally the same as any other trademarks.

 3. Collective Mark:

These trademarks used by a group of companies and also protected by the group collectively. Collective marks normally used to inform the public about a particular characteristic of the product for which the collective mark used. The owner of such marks normally an association or public institution or it may cooperative. Collective marks also used to promote particular products which have certain characteristics specific to the producer in a given field. Thus, a collective trademark can used by a more than one trader, provided that the trader belongs to that particular association.

The trader associated with a particular collective mark have a responsibility of  ensuring the compliance with certain standards which fixed by its members. Thus, the purpose of the collective mark is to inform the public about certain features of the product for which the collective mark is used. One example of the collective mark – the mark “CPA”, which used to indicate members of the Society of Certified Public Accountants.

4. Certification Mark:

Certification mark represents a sign indicating that the goods/services certified by the owner of the sign in terms of origin, material, quality, accuracy or other characteristics. This differs from a standard trademark who distinguishes the goods/services that originate from a single company.

In short, certification marks used to define the standard. They guarantee the consumers that the product meets safety and other prescribed standards. The certification mark embodied on the product. The presence of a certification mark on a product indicates that the product has gone through the standard tests specified. They guarantee the consumers that the manufacturers have gone through an audit process to ensure the desired quality. Example, Food products, Cosmetics, Electrical goods, etc. have such marking that specifies the safety and the quality of the product.

5. Shape marks:

According to the Indian Trademarks Act, 1999, a trademark may also include the shape of goods, their packaging to trademark. So long as its possible to graphically represent the shape clearly. This helps in distinguishing the goods sold under such trademark from those of another manufacturer. The new Trade Marks Ordinance continues to allow registration of such marks.

When the shape of goods, packaging have some distinctive feature it can registered. For example, Ornamental Lamps.  In certain cases, the (three-dimensional) shape of a product or packaging can be a trademark (for example a specially designed bottle of perfume).

Shape Mark has facilitated promotion of products and came as trade mark.  Any graphical representation which able to make a difference amongst the products can registered as shape mark.

6. Pattern Mark:

The Pattern mark consist of a pattern which capable of identifying the goods or services as originating from particular undertaking. Thus distinguishes it from those of other undertakings. Such goods/services registered as Pattern Marks.

The procedure of evaluating uniqueness of pattern marks similar to that of other trademarks. Pattern marks that resemble descriptive or indistinctive faces objection. Because they fail to serve as an identifier of trade source. Such goods/services would not accepted for registration without evidence of uniqueness. In cases where the pattern mark has become identified in the minds of the public with a particular undertaking’s goods or services, it receives acquired distinctiveness and can register for Pattern Mark. Thus, Pattern Trademark is a trademark wherein the pattern is able to distinguish the product from other brands.

7. Sound Mark:

Nowadays sounds become important part of advertisement. So as they play in the advertisement, we immediately comes to know about the product. In such cases, the sound may regarded as a trademark and also eligible for registration.

A sound mark means  where a particular sound does the function of uniquely identifying the origin of a product or a service. In such case , a certain sound associated with a company or its product or services – for example, the MGM’s roar of a lion.

The sound logo, technically referred to as audio mnemonic, is one of the tools of sound branding, along with the brand music. A sound logo is a short distinctive melody mostly positioned at the beginning or ending of a commercial. It can be seen as the acoustic equivalent of a visual logo. Often a combination of both types of logo is used to enforce the recognition of a brand.

 

 

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