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.
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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.
Also Read: How to Check if Trademark is Available?
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.
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.
Also Read: How to Check Trademark Status?
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.
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.
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.
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.
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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