written by | May 12, 2022

Types of Trademarks That Can Be Registered in India

The trademark is the brand identifier regarded as intellectual property rights. The different types of trademarks help a brand recognise the brand by the consumers. In India, you can register and recognise seven trademarks under The Trademark Act 1999. Before the arrival of 2027 rules, you were required to fill out the application for different types of trademarks, and the claims were made on a priority basis for a single class and multi-class. The various trademarks are words and service marks, certification marks, series marks, logos and symbols and shape marks. It is important to note that you must ensure that you connect the products and services with the classes you register them for when registering a trademark. Thus, no other organisation can enjoy a monopoly over the already registered trademarks.

Did you know?

The initial recorded use of a trademark was during the reign of the Romans. Further, these trademarks are registered for a lifetime and are only used and protected in one's own country.

What Are Some Descriptive Trademark Examples?

What Is a Trademark and Trademark Registration Process?

It is established with an exclusive right of ownership whenever you register a brand, name or logo as a trademark. The trademark is also legally termed an intellectual property registered to become the name, logo and brand owner. This trademark enables you to distinguish your product from other similar products in the market( competitors). Trademark registration helps companies or individuals protect their logo and name from being misused by any third party. This process proves a legal right that grants you the power to take any action against a third party.

The Different Types of Trademarks That can be Registered in India

The Trademark Act of 1999 helps register different types of trademarks such as words and services marks, certification marks, collective marks, series marks, logos and symbols and much more. The different types of trademarks that can you can register in India are:

Words and Service Marks

One of the main trademarks, words and service marks are used to identify the products and services of a trading company or the company providing services. This common trademark, words marks, is used when your product or service is text-based. Service marks help differentiate services that are available in the market. You can file these trademarks under trademark 35-45 classes. 

This type of trademark, for example, is the word Nestle and FedEx.

Also Read: How to Check if Trademark is Available?

Shape Marks

We can categorise the appearance of the products under shape marks, and we can identify and register the products based on their appearance or packaging. The descriptive trademarks examples are the bottle of Coca-Cola, which is different from other brands due to the shape of its bottle.

Logos and Symbols

Another descriptive trademark example is logos and symbols. A logo or symbol is a painted or printed figure, design or character (except letters, words or numbers). The trademarks are used as logos or symbols, a different type of trademark is called logos and symbol mark. You must register for words and services, logos and symbols trademarks in a single application, and this single application is only valid in India.

An example of this trademark is Apple which has a registered trademark used in every product they introduce.

Collective Marks

As its name, we usually link this type of trademark with a group of individuals with more than one product or service. These trademarks are majorly owned by an institute, organisation or association and are used by the members to represent themselves as one. Further, the collective trademarks are “badges of origin” used to denote the specific source of products or services. The most popular example of this type of trademark in India is CA. Chartered accountants can use this after getting registered as a member of the Institute of Chartered Accountants.

Series Marks 

The series mark denotes a family of marks that shares a common name and differentiates based on distinctive characteristics such as price, quality, goods and price. A common example of this type of trademark is McDonald’s, which has a series registered under ‘Mc' that represents a wide range of products McChicken, Mc veggies and much more.

Certification Mark

Another common type of trademark in India is the certification mark, and these trademarks are used to show specific standards of quality owned by the company. Certification marks help create awareness among the public about the trader's certified goods and services. The prominent example of these standards of goods and services trademark is FSSAI, a certification for the specific quality of packaged food products.

Also Read: How to Check Trademark Status?

Geographical Indicators Mark

The products' unique nature, quality and reputation come under the geographical indicators trademark granted to natural, agricultural handicrafts products and manufactured products with a geographical origin. One of the most common examples is Darjeeling tea geographical indication mark registered under the Intellectual Property Rights.

Conclusion

Intellectual property or a trademark is a name, brand or logo established with an exclusive right of ownership that helps you differentiate your company, brand or name from the competitors. Further, this trademark also provides legal rights over your registered trademark. Different types of trademarks help in the registration process and identify under which category you are required to register for the trademark. It is always suggested to register a trademark so that your trademark is always protected from unauthorised access. The different types of trademarks with examples are words and services such as Nestle, shape marks such as the Mexico Tequila, logos and symbols such as Apple and Blackberry, collective marks such as CA, the series marks such as Chanel, certification marks, for example, FSSAI and geographical indicators as Darjeeling tea.

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FAQs

Q: How do we differentiate between geographical indications and trademarks?

Ans:

Both of these two are the types of trademarks in India. However, the key differences between the geographical indications and trademarks are 

  • A single entity registers the trademark and can be licenced or assigned to any other manufacturer operating globally. GI are a sort of collective protection granted to a group of individuals who are manufacturers that belong to a particular location, basically the place of origin. 
  • The common example for these two are Coca-cola, Marlboro, and Mercedes are trademarks that differentiate goods and services that belong to the respective companies. In contrast, Mysore Sandal Soap and Tequila Mexico help consumers identify the geographical origins of the products and services that make them different in public opinion.

Q: What are the different types of trademarks in India?

Ans:

There are an array of trademarks registered in India. These are 

  • Words and Services Mark: Nestle and Maggie are common examples of this trademark.
  • Series Mark: Chanel and McDonald's are well-known examples of series marks.
  • The Certification Mark: This is one of the prominent trademarks. For example, the ISI mark and hallmark gold are nowadays popular certification marks in India.
  • Logos and Symbols Trademark: Apple, McDonald's golden arches and The Nike swoosh.
  • Collective Marks: The common example of this trademark is CA and CPA.
  • Geographical Indications: Darjeeling tea is one of the main examples of this type of trademark
  • Shape Mark: Zippo lighters, the branded Vodka bottles and the Coca-Cola bottles.

Q: What are the things tech businesses should know about trademarks?

Ans:

Nowadays, with the entrepreneurial mindset, India is witnessing the rise in tech startups, and thus it is very important to know about the trademarks. For all tech businesses, the foremost thing is acquiring different kinds of trademarks that must be the strongest. These trademarks help identify your company, distinguish it from the rest of the companies, and make it well protected. Thus, a trademark enables you to create an identity different in the market and prevents you from incurring damages.

Q: What are the strengths of marks?

Ans:

The strengths of types of trademarks are essential and help determine the performance and the reach of products or services in the market. Further, it also helps in the legal protection of its merits. The strong trademark primarily features inherent differentiation that separates and highlights the goods and services.

Q: What is a trademark project?

Ans:

The trademark project is a distinct identity of the business and helps differentiate it from the competitors globally. Further, this trademark projection is essential so that two owners do not have the same trademark, and no party can further claim the trademark protection rights for any registered trademark. Thus, the various kinds of trademarks are renewed every ten years to ensure the trademark is protected.

Q: How do you easily protect the trademarks?

Ans:

While registering your trademark in India from different types of trademarks, you must protect the trademarks. This process is necessary as people are always looking to steal the reputation of a well-known and popular company. You can protect your trademarks by digging deeper, which means you must conduct comprehensive research while choosing a trademark which also helps in the registration process of trademarks. After completing the analysis, you must opt for a strong trademark. For example, Blackberry is used for telecommunication devices and Apple for computer systems globally. Further another main aspect while protecting trademarks is saving these trademarks from copy, which occurs when consumers identify the product but not the place of origin.

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