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Tag: TYPES OF TRADEMARKS IN INDIA

  • TYPES OF TRADEMARKS

    Intellectual Property (IP) refers to the original creations of the human mind, such as inventions, artworks, literature, designs, and unique symbols, names, or images used in trade or business. Laws such as patents, copyrights, and trademarks protect these creations, allowing individuals and companies to gain recognition or financial rewards for their innovation and effort. The goal of the IP system is to maintain a fair balance between encouraging innovation and serving the public interest, so that creativity can thrive. A trademark is one such type of intellectual property right. In the upcoming paragraphs, we will learn about different Types of Trademarks.

    The World Intellectual Property Organization (WIPO) defines a trademark as:

    A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights. ~ WIPO

    Trademarks in India are governed by the Trademarks Act, 1999, which defines ‘mark’ and ‘trademark’ as follows:-

    Section 2(1) (m): Trademark must be a mark which includes a device, a brand heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging, or combination of colors or any combination thereof;

     Section 2 (zb)“Trademark” means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging, and combination of colors; ~ Trademarks Act, 1999

    History in brief

    Before codified trademark legislation existed in India, trademark rights were protected under common law through the equitable remedy of passing off. Inspired by the English Trademark Act of 1875, the first attempt to introduce similar legislation in India came in 1879, but it failed to gain traction. India got its first official trademark law with the enactment of the Trade Marks Act, 1940, which was inspired by the UK Trade Marks Act of 1938. Before that, trademark-related disputes were handled under Section 54 of the Specific Relief Act,1877.

    To address the growing commercial needs of a newly independent nation, the Trade and Merchandise Marks Act, 1958, replaced the 1940 Act, consolidating trademark laws with provisions from the IPC and CrPC. Eventually, with globalization and the need for TRIPS compliance, the Trademarks Act, 1999, was introduced and remains the governing law today, supported by the Trademark Rules, 2002.

    Types of Trademarks

    1. Product Mark

    Definition: A product mark is used on goods or products to identify the source and distinguish it from similar products.

    Covered under the definition of “trademark” in Section 2(1) (zb).

    Example: puma (for shoes and sportswear),

    AMUL (for dairy products)

    2. Service Mark

    Definition: A service mark refers to a mark that helps identify and set apart services instead of physical goods. As per Section 2(1)(zb), the definition of a trademark explicitly includes such marks that can distinguish one service from another.

    Example: Netflix (streaming platform providing streaming entertainment Services

    Airtel networks (Telecommunication services).

    3. Collective Mark

    Definition: A collective mark is a symbol or sign used by members of an organization or group to show their connection to it and to indicate where the goods or services come from.
    Section 2(1)(g) defines a “collective mark”

    Example: CA (used by members of the Institute of Chartered Accountants of India).

    4. Certification Mark

    Definition: A certification mark is used to verify certain qualities of goods or services, such as their origin, materials used, quality, or the way they are made.

    Defined under Section 2(1)(e)and governed by Sections 69–78 of the Act. Example: ISI mark (certifies safety and quality), FSSAI mark for food products

    5. Well-Known Trademark

    Definition: A well-known trademark is a mark that has become widely recognized among a substantial segment of the public in India.

    Defined under Section 2(1)(zg)

    The Registrar may determine a mark to be well-known under Section 11(6) (9).

    Example: Google, Coca-Cola, Apple.

    6. Word Mark

    Definition: A word mark consists of letters or numerals, used without any special stylization.

    It is protected regardless of font or color. Falls under the general definition of trademark in Section 2(1) (zb).

    Example: TATA, Infosys.

    7. Device Mark

    Definition: A device mark refers to a visual element like a logo, label, or graphic that represents a brand. It falls under the meaning of “mark” in Section 2(1)(m) and is also included in the definition of “trademark” under Section 2(1)(zb).

    Example: (a)Apple’s bitten apple logo,

    8. Shape Mark

    Definition: A shape mark protects the shape of goods or their packaging if it is capable of distinguishing goods.

    Included in Section 2(1)(m) and Section 2(1)(zb),” marks may include the shape of goods or their packaging”.

    Example: (a) Coca-Cola bottle shape

    (B) Toblerone chocolate bar

    9. Sound Mark

    Definition: A sound mark is a unique sound linked to a brand that helps people recognize where a product or service comes from. Although not explicitly defined in the Act, sound marks are registrable under Rule 26(5) of the Trade Marks Rules, 2017, and are considered part of non-traditional trademarks under Section 2(1)(zb).

    Example: (a)Netflix’s TUDUM, (b)IPL trumpet tune.

    10. Color Mark

    Definition: A specific color or combination of colors that uniquely identifies a brand, provided it has acquired distinctiveness.Included within Section 2(1)(m) and 2(1)(zb), which do not exclude color marks. Example: The unique blue color of Tiffany and Co.

    11. Pattern Mark

    Definition: Patterns that are distinctive and associated with a particular brand.
    Recognized under Section 2(1)(m) and Section 2(1)(zb).

    Example: Louis Vuitton’s checkerboard pattern.

    Conclusion

    Trademarks are not just legal terms; they are the face of a brand. Whether it’s a logo, a specific color, a catchy tune, or even the unique shape of packaging, trademarks help consumers instantly recognize and trust a product or service. In a marketplace overflowing with choices, trademarks act as powerful tools for businesses to stand out and build lasting relationships with their customers.

    The Trade Marks Act, 1999, has played a crucial role in formalizing and safeguarding this identity. By covering a wide range of traditional and non-traditional marks, the Act ensures that businesses can creatively express their uniqueness while enjoying robust legal protection. It also brings India’s trademark law in line with international standards, helping Indian brands compete and grow globally.

    The wide classification of trademarks, such as product marks, service marks, certification marks, collective marks, well-known marks, and more, demonstrates the law’s adaptability to diverse sectors and industries. It recognizes that brands are not limited to names or logos but can be embedded in every aspect of a product’s identity, including its look, feel, sound, or even its scent (in some jurisdictions).

    In conclusion, trademarks are much more than legal instruments, they are strategic assets. A well-protected trademark can become a symbol of trust, a competitive advantage, and a tool for global outreach. For any business or entrepreneur, understanding the types of trademarks and the legal protections available under Indian law is not just advisable, but essential for long-term brand development and commercial success.

    REFFERENCES

    • WorldIntellectual Property Organization(WIPO),https://www.wipo.int/en/web/trademarks
    • Department for Promotion of Industry and Internal Trade (DPIIT), Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), Government of India
      https://ipindia.gov.in/ accessed 27 May 2025.
    • Indian Kanoon, The Trade Marks Act, 1999, https://indiankanoon.org/doc/117176/
    • Legislative Department, Ministry of Law and Justice, The Trade Marks Act, 1999 – Bare Act, https://legislative.gov.in/sites/default/files/A1999-47.pdf
    • World Trade Organization (WTO), TRIPS: Agreement on Trade-Related Aspects of Intellectual Property Rights, https://www.wto.org/english/tratop_e/trips_e/trips_e.htm

    Author : Arti Pathak

  • WHAT ARE THE DIFFERENT TYPES OF TRADEMARKS IN INDIA?

    INTRODUCTION

    A trademark identity which one person gives to their business or brand, it can be a logo, a symbol or a design that distinguish their goods and services. Trademark play a vital role in brand identity and protection as they are unique in nature. The trademark is of various types such as word mark, device mark, shape mark, service mark etc.

    Registering a trademark grants business exclusive rights and legal protection, these protections prevent unauthorized use or imitation of one’s mark. Apart from standard trademarks, there are other types of marks like service marks, collective marks, certification marks etc.

    In this article we are going to discuss about different types of trademarks, their unique features, their benefits of registering. By understanding different types of trademarks, a business can choose what they want for their business.

    TMWALA will help you understand the differentiation between the marks and help you choose the suitable one for your business.

    TYPES OF TRADEMARKS IN INDIA

    • Word Marks: It includes any marks used to identify a trading company’s or service provider’s goods and services. Your product or service will be registered under Word Marks if its name is text-based, meaning it exclusively contains text.
    • Logo/Device Marks: A printed or painted figure, design, or character that is devoid of any letters, words, or numbers is called a logo. The trademark must be registered as both a word mark and a device mark if the word mark is also used as a logo.
    • Combination Marks: Trademarks that create a cohesive brand representation by combining words and logos, meaning the device and word are in the same trademark.
    • Shape of Goods Marks:Goods are classified according to their shape, or trade dress. A product can be identified by its packaging in addition to its logo or label.
    • Colour Marks:trademarks that provide protection for particular colors or color combinations utilized in unique ways. For instance, Cadbury Purple, Tiffany Blue, and Coca-Cola Red.
    • Certification Marks:The purpose of the certification mark is to demonstrate that the business has fulfilled a particular quality level. Because the trader’s goods or services have fulfilled a specific standard as determined by the certifying authority that holds the certification mark, the public will be aware that they are certified.
    • Collective Marks: These trademarks are associated with a collection of individuals rather than a particular commodity or service. The primary owners of these trademarks are institutions, associations, or organizations. Members of the organization might use them to portray themselves as a part of it.

    NON-CONVENTIONAL TRADEMARKS

    Non-traditional trademarks or non-conventional trademarks are a collection of trademarks that are different from the conventional trademarks, which consist of logos, numbers, phrases, letters, images, symbols, or combinations of the above elements. Non-conventional trademarks, which consist of colors, shapes, moving images, smell, texture, touch, holograms, places, or non-visible signals, are a part of the conventional trademarks. There is no legal definition of non-conventional trademarks in the Trade Marks Act of 1999; hence, India has incorporated the Shield Mark doctrine for non-traditional trademarks.

    TRADEMARK CLASSIFICATION IN INDIA

    The trademark classification in India is basically in two categories one is goods and other one is services, let’s discuss each one of them in detail.

    For goods, there are 34 classes (Class 1 to Class 34).

    These encompass a broad variety of products like chemicals (Class 1), paints and varnishes (Class 2), cosmetics and cleaning agents (Class 3), industrial fuels and oils (Class 4), pharmaceuticals (Class 5), metals and building materials (Class 6), machines (Class 7), *hand tools (Class 8), scientific and electronic equipment (Class 9), medical and surgical instruments (Class 10), and lighting and cooking appliances (Class 11). It also includes some vehicles (Class 12), firearms and fireworks (Class 13), jewellery and precious metals (Class 14), musical instruments (Class 15), stationery and paper goods (Class 16), rubber and plastic materials (Class 17), leather goods (Class 18), non-metallic building materials (Class 19), urniture (Class 20), kitchenware and cleaning tools (Class 21), ropes and raw textile materials (Class 22), yarns and threads (Class 23), textiles and covers (Class 24), clothing and footwear (Class 25), lace and embroidery (Class 26), carpets and rugs (Class 27), games and sports items (Class 28), food products such as meat, fruits, dairy (Class 29), staples such as tea, coffee, spices (Class 30), agricultural and horticultural products (Class 31), non-alcoholic beverages (Class 32), alcoholic beverages except beer (Class 33) and tobacco products (Class 34).

    For services, 11 classes (Class 35 to Class 45) are available, and they span a broad range of commercial and professional services. These are advertising and business management (Class 35), financial and real estate services (Class 36), construction and repair (Class 37), telecommunication services (Class 38), transportation and logistics (Class 39), material treatment (Class 40), education, training, and entertainment (Class 41), scientific and technological services (Class 42), hospitality and food services (Class 43), medical, beauty, and agricultural services (Class 44), and security and personal social services (Class 45).

    This system of classification guarantees easy categorization and allows for enhanced trademark protection in different industries.

    TMWALA can help you identify your goods or services class and help in registering the same.

    TRADEMARK RIGHTS IN INDIA

    Although trademark registration is not required, it provides a number oftrademark rights in India. Although the process may be complicated, registration provides numerous beneficial rights, such as:

    • Exclusive Use: The owner gets the sole right to use the trademark for the registered goods or services.
    • Legal Protection Against Infringement: The owner of a trademark can sue for unauthorized use or copying.
    • Right to Assign or License: The owner has the right to assign trademark rights or license them.
    • Right to Amend the Register: The proprietor may ask to modify the registered information or delete entries from the register of trademarks.

    CONCLUSION

    Different types of Trademarks in India are vital assets to companies, serving to create brand identity, build consumer confidence, and provide legal protection against abuse. From word marks and logos to more unusual non-conventional trademarks such as sounds and colors, each is a strategic tool for differentiating products and services in the marketplace. Knowledge of the different kinds of trademarks, classification of trademark in India in terms of Indian law, and the trademark rights in India after registration enables companies to make an educated choice when safeguarding their intellectual property.

    Trademarking is not merely a ritual, it’s a valuable means of legal enforcement, market exclusivity, and brand identity. Whether you’re starting a business or operating an existing one, choosing the right type of trademark and the right class of goods or services is crucial.

    With professional guidance from sites such as TMWALA, companies can execute this process well, with their brand being protected by the law and competitively placed in the market.