Different Types Of Trademark In India | Kinds Of Trademark

Published on 28 Jul 2019 by Shivi

Trademark is the most common type of Intellectual Property owned by businesses in India. Most of the businesses that come up with a unique brand name or logo for their business get them protected via Trademark Registration. Under the Trademarks Act, 1999, there are different types of Trademark that can be registered in India by a business for its commercial purposes. 

The different kinds of Trademark, however, must be registered under the appropriate Trademark Class under which the goods or services fall as per the Nice Classification of Trademarks.

Different Kinds Of Trademark In India

Product Mark

A product mark is a simple Trademark used for goods. A product mark cannot be used for services and acts as the brand identity for the business engaged in the sale of goods. An application for trademark registration of a product mark can be easily filed in India by describing the goods for which the mark will be or has been used, and filing the application under any of Trademark classes 1-34. The ™ Sign can be used when the registration application is pending with the Registrar, and once the registration is granted, the owner can use the ® sign.

Service Mark

As the name suggested, a service mark is used by a business to differentiate its services from other businesses. A service mark cannot represent goods and can be used by businesses engaged in transportation, logistics, hotel, restaurants, online service providers, legal service providers, advertising business, etc. An application for Trademark registration for service mark can be filed under any of the Trademark classes 35-45 under which the service falls. Once the registration is done, the business can use the SM sign with the mark.

Shape Mark

A shape mark is the kind of Trademark that can be registered for the shape of the packaging or product of the business. Shape marks are granted when the three-dimensional shape can differentiate the product of the business from others in the mark. Trademark registration in India for shape mark are continued to be granted under the Trademarks Ordinance (Cap. 559).

Getting TM registration for a shape mark is tricky and must be done by consulting a good Trademark expert. If the mark breaches the requirement that there must be a difference in the 2D and 3D form, the application would be registered by the Trademark Registrar.

Unconventional Mark

An unconventional mark is a kind of Trademark that identifies the ‘inherently distinctive’ feature of the mark, such as colour, shape, sound, etc. If the colour of the mark has become a unique feature of the goods or services, Trademark registration can be obtained for it. Similarly, if the mark, which can be perceived by hearing, has a unique feature, a Trademark application can be filed for it.

Collective Mark

A collective mark is a mark used by different companies collectively. Collective marks represent a peculiar characteristic of the product or services offered by different companies or individuals. A person may be authorised to use a collective mark if they are a member of an organisation, public institution or association. For instance, the CA mark used by Chartered Accountants in India.

Certification Mark

A certification mark is like an approval stamp that shows that the goods or services of the Trademark owner are certified for their material, quality, standards, accuracy, place of origin, etc. The certification mark ISI provides a guarantee that the users are receiving products or services approved and quality-checked. Common products that have certification mark are perishable edible goods, electronics, skincare products, children’s toys, etc.

Legistify can help you in obtaining your Trademark registration online in India for any of these different kinds of Trademark. Call us at 846-883-3013 or send us an email at [email protected] to get connected with the best Trademark experts in India.

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