Types of Trademarks

Introduction

A trademark is a symbol, logo, or combination of characters that an organization uses to claim ownership or control over a particular design or term that represents its products or services. In other words, having a trademark of any kind means that you are the legal owner of that logo or sign, and no one else can use it without your permission. If they do so, it is a punishable offence. To obtain a trademark, you must register it in government records. A trademark is only valid if it is approved and registered in government records.

There are several types of trademarks that you can register, such as word marks, device marks, sound marks, collective marks, certification marks, shape marks, pattern marks, and sound marks. Although they are different, the primary purpose of all trademarks is the same. The primary goal of a trademark is to identify the services and goods provided by a particular service provider or manufacturer. In this way, trademarks protect consumers from confusion or deception in the marketplace and ensure that they receive the products or services they expect.

The different types of trademarks in India are:

• Word Marks

A word mark is a type of trademark that includes one or more words, letters, numerals or any other standard character representation. It is a simple way to register only the letters, words or combinations of words or numerals without any artistic and pictorial representation. The biggest advantage of a word mark is its flexibility, as it can be used in any design, style and font after registration. For instance, some of the well-known word marks are Microsoft, Tata, KFC and IBM.

• Device marks

A device mark refers to any kind of design element that can be used as a trademark. This includes labels, stickers, monograms, logos, and geometric shapes, with or without wording. Device marks may also include the use of color, but if a trademark is registered with specific colors, those same colors must be used for the mark to be protected. The advantage of using a device mark is that it's eye-catching and memorable, making it easier for the public to recognize and remember your brand. Unique device marks can help with brand recognition because people may not remember your business name, but they can easily recall your logo. A perfect example of a device mark is the iconic Apple logo.

\

• Sound Mark

Sound marks are a unique feature that is acquired through the sense of hearing and can be characterized by their distinct sound. It is a type of trademark that uses sound to perform the essential function of distinguishing the commercial source of products or services. Recently, new provisions have been introduced that require the submitted sound to be in MP3 format and not exceed a length of 30 seconds, along with a visual representation of the sound notations. Interestingly, YAHOO was the first company to register a sound trademark globally, while in India, ICICI Bank was the first to register sound as a trademark. Some of the registered sound marks in India include Yahoo's human voice yodelling "Yahoo," National Stock Exchange's theme song, ICICI Bank's corporate jingle "Dhin Chik Dhin Chik," Britannia Industries' four-note bell sound, Cisco's tune heard on logging in to the conferencing service Web-Ex, Edgar Rice Burroughs' Tarzan Yell by its toy action figure, and Nokia's guitar notes on switching on the device.

• Certification Mark

A certification mark is a special type of trademark that serves as an assurance to consumers about the origin, quality, and specific details of a product. Essentially, it is a symbol that represents a set of standards that a product must meet in order to receive the certification mark.

These marks are designed to guarantee that products are of high quality and have undergone various tests to ensure that they meet certain requirements. The use of certification marks is particularly common in industries such as footwear, clothing, toys, electronics, and packaged foods.

Some examples of certification marks include the ISI mark and ISO mark. By displaying these symbols on products, manufacturers can provide consumers with a sense of trust and confidence, knowing that the goods they are purchasing have met specific standards and are of high quality.

• Pattern Mark

In the world of commerce, a Pattern mark serves as a protective measure for the unique pattern of a specific product. It is a type of trademark that is utilized by companies that manufacture pattern-based products. Its primary purpose is to safeguard the patterns of its products from being copied by other companies, thereby maintaining the exclusivity of its offerings. To obtain a Pattern mark, a company or organization must prove that their product is truly distinct and original. It is primarily used in the fashion industry, where big brands such as Louis Vuitton, Gucci, and Fendi, among others, rely on it to protect their intellectual property. Even individual fashion designers such as Manish Malhotra and Sabyasachi, who are highly regarded in the industry, obtain pattern marks for their creations to prevent major brands from reproducing their designs without their consent.

• Shape Mark

Trademark registration is possible for shapes or goods that have a unique shape. However, if the shape of goods is a result of the nature of the goods themselves, necessary for obtaining a technical outcome, or adds substantial value to the goods, it cannot be registered. These shapes are known as non-conventional trademarks.

In order for non-conventional trademarks to be granted, consumer recognition and acquired distinctiveness play an important role. For example, trademarks in the form of shapes of goods, three-dimensional trademarks, sound marks, and smell marks. During the registration process, the registry must balance the convenience of the applicant with that of other traders who may be using elements of these trademarks in good faith. This evaluation is necessary to ensure that the registration of the trademark is fair, and just, and does not harm the interests of other traders.

• Collective Mark

The group of companies often use a unique type of trademark known as collective marks, which are protected by the group as a whole. These marks are used to represent and inform the general public about the distinctive features of a product. They are specifically designed to promote products with unique characteristics in their respective fields and can be registered under the Trademark Act.

It is the responsibility of the trader associated with such a mark to ensure compliance with the standards set by its members, as outlined in the Trademark Act. The main goal of collective marks is to inform the public about the specific characteristics or features of a product for which a collective impact is used. Therefore, they play a crucial role in creating brand awareness and promoting products that stand out in their respective markets.

Conclusion

In today's highly competitive business landscape, it is not uncommon for unscrupulous individuals and organizations to copy and use the names of established businesses to mislead and deceive unsuspecting customers. As a result, it is imperative that these entities take proactive steps to protect their intellectual property rights by obtaining a Trademark registration for their products and services under the Trademark Act, which will protect their services and the products under their brand name which they will register as their trademark.