It is necessary to mark your trade in some way in order for the public to recognize your product or service. In layman’s terms, a trademark is a visual symbol that may be a word signature, name, device, label, numerals, or combination of colors used by one undertaking on goods or services to distinguish it from other similar goods or services originating from another undertaking. In addition, our Legalraasta team helps with Trademark Registration and allows your customers to associate visual cues with your products, fostering brand loyalty. This blog provides in-depth information about the various types of trademarks for which you can brand your products, and this Legalraasta will assist you.
What is Trademark?
A trademark can be classified into several categories. A trademark is any mark that distinguishes one person’s business activity from another and can be graphically represented. As a result, it is critical to understand what can be trademarked. There are various types of trademarks that can be registered in India and are distinguished based on their characteristics and features. So, if a person wants to buy toothpaste, he will simply buy toothpaste without knowing who created it, which is why a trademark is required. Trademarks are intellectual properties, which is why you can make them go through Trademark Registration to gain access to benefits that you would not otherwise have.
Legal requirements to register a trademark
- The chosen mark should be graphically represented on paper.
- It should be capable of distinguishing one company’s goods or services from those of others.
- A trademark should indicate goods or services in relation to which it is used or proposed to be used.
Types of Trademarks in India
- Word marks :Word marks are any marks used to identify the products and services of a trading company or a service provider.
- Service marks:Service marks identify the services that a company provides. In other words, service is the term you will use to describe the service you provide to customers.
- Series Marks :Series Marks are marks that are registered to be used before or after a chain of products that share a common suffix, prefix, or symbol, and are also known as family marks. There aren’t many distinguishable non-similar facets of the mark from one another that belong to a single organisation that wants to maintain the aesthetics of their mark.
- tag line:The tag line is a slogan used to define the thought behind the product or service in order to add a dramatic effect. Because they are simple and catchy, people easily remember them.
- Unconventional marks: There are some unusual trademarks, also known as uncommon trademarks or rare marks, that defy all conventions. Sound marks, scent marks, motion marks, shape marks, and colour marks are all trademarkable.
- Sound mark: Any sound that can be represented by musical notes can be trademarked, but it must be unique. There are other sound marks, such as Apple, Samsung, Oneplus, and Intel.
- Scent mark: It is extremely difficult to graphically represent the scent and trademark it. However, the smell can be trademarked by representing its chemical formulae and must meet the criteria specified to trademark the scent.
- Motion mark: An animation or hologram that moves is called a motion mark.For example, the images of the movement of such marks must be represented in sequence, as in the oneplus logo.
- Shapes: Shape marks are symbols that represent the shapes of a company’s products or packaging. A trademark that is capable of graphical representation and includes shapes other than the natural shape of such goods, as well as 3-dimensional shapes of products, can be registered.
- Pattern Mark: Pattern marks are products with specific designed patterns that serve as the product’s distinguishing feature. Patterns that fail to stand out as a distinctive mark are generally rejected because they serve no purpose.
- Collective Mark: The Collective Mark is used when the marks are associated with a group of people or services. Some marks can represent both the product and the service, and they can represent a lot more aspects of trade than you might think.
- Certification mark: This is a mark that alerts the public to the fact that the company has met the standards and quality of the products set by the certifying body. It is a mark that can be anything from a name to a device that verifies the product or service.
- Packaging: If the packaging is used to identify the product in everyday life, it is not possible to obtain a trademark on such packaging. It must have a distinct design and colour that gives the product a new identity. Parle G biscuits’ label or packaging is a registered trademark.
General types of Trademark
- Name: The name can also be classified as a product name, a business name, or the name of any individual or surname. However, such a name must be used for any business, trade, or service, and it can be in any text, colour, or style.
- Product name : Many businesses seek trademark protection for the names of their products.
- Business name: A trademark can be registered in the name of a business or corporation.
- Name of a person: A person’s name can also be trademarked if the person earns money from it, which is very common for celebrities. A person can grant permission for his name to be used by anyone else by obtaining permission from the person whose name has been used.
- Surnames: Trademarks on surnames can be taken by most famous people, but the Ministry does not allow trademarks on very common surnames. In India, it is common to run a business under the family name.
- Abbreviations or Numbers as a Trademark: A trademark can also be based on letters, abbreviations, or a combination that is used in business and can distinguish one person’s goods or services from those of another.
- Logo or symbols: Logos and symbols are printed figures, designs, or characters, or painted designs or figures that indicate the name of a company, service, or product. If you have a unique logo for your company, product, or service, you can trademark it under the Indian Trade Marks Act. Such symbols establish their own identity; there is no need to describe them with their brand name, and it implies a meaning rather than stating it explicitly.
A trademark can be anything that can be represented graphically. It must have a distinct identity that distinguishes the product or service from others. This blog explains the various types of trademarks that can be registered in India. It is always advisable to register your trademark in order to distinguish one company’s goods or services from those of others. These marks have the ability to identify you. However, if you want to protect this mark as well, so that only you receive the recognition you desire, you must engage in Trademark Registration. In addition, our Legalraasta team helps with Trademark Registration and allows your customers to associate visual cues with your products, fostering brand loyalty.