Trademark Act in India – Types of Trademarks

A trademark is a mark that makes the goods and services capable of distinction from that of the other and may comprise the goods, mixture of colors, packaging, logo, work, design, etc. There are different kinds of trademarks that can be registered under the Trademark act. The Trademark registration in India under the Trademark Act, 1999 gives Trademark protection and plenty of legal rights and assistance to the holder of the registered Trademark.

What are the various types of trademarks in India?

The different types of trademarks as provided by the Trademark Act in India are as follows:

1) Product Mark

One of India’s most substantial types of trademarks is the Product mark. It is a mark linked to the products or goods, but it does not include services. The use of product marks is to recognize the source of a product and differentiate the products manufactured and sold by one person from the others. Trademark safeguards the status and goodwill of the business. It is done under the Trademark Act.

A symbol of TM can be used once the application is filed and the registration is under process. Complete all the process and formalities with the trademark registry take 18 to 24 days as given under the Trademark Act. Once the Trademark is registered, the symbol ® (registered symbol) can be used as provided by the Trademark Act. When the Trademark is registered under the Trademark Act, a Trademark certificate is issued to the trademark holder. The registered trademark is valid for ten years from the date of the Trademark filing, which can be further renewed from time to time.

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2) Service Mark

A Service mark is a mark linked to the services and not the products or goods. A service mark is used to recognize the source of assistance. A service mark differentiates the services of one person from that of another. It signifies the services offered by a company and is used in the service business where the definite goods are not traded under the Trademark as provided by the Trademark Act. For example, companies offer software assembly, computer hardware, beauty and health care services, etc. The registration of a service mark aids in protecting such marks from being misrepresented by others. The Trademark Act governs the rules and procedures of the service marks.

3) Collective Mark

The mark used by the group of companies and protected by the group collectively is termed collective marks. The effect is used to represent or inform the public at large about the unique idea of the product. It is used to promote certain products with specific characteristics in that field. Such kind of mark is registrable under the Trademark Act.

The trader related with such mark has accountability to safeguard the compliance with the positive standards fixed by its members as given under the Trademark Act. The chief purpose of the collective effect is to notify the public about the particular characteristic or features of the product for which a collective impact is used.

4) Certification Mark

A mark used to indicate the particular goods or services are certified by the owner of the sport in terms of material, origin, quality, or any other characteristics is termed a certificate mark as given under the Trademark Act.

This varies from the typical Trademark that differentiates the goods or services made from a single company. Therefore, a certification mark is used to describe the standards of the goods or services. It safeguards the consumers of the goods or services that such product encounters the safety and other set standards. The certification mark on the product signifies that the product has gone through the quantified standard tests. It safeguards and assurances the consumers that manufacturers have assumed or gone through an audit process to safeguard the anticipated quality of the products. Some of the instances of certification marks include electrical goods, food products, cosmetics, etc. It is given under the Trademark Act.

5) Shape Mark

A mark used to indicate the shape of goods, their packing, etc., are termed Shape Mark as provided by the Trademark Act. It is used only when it is likely to present the product’s shape. These shape marks make it different from the other products. If the form has some distinctive features, such effects can be registered under the Trademark Act.

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6) Pattern Mark

A mark that comprises a pattern capable of identifying the product or services that originate from a particular undertaking and can be distinguished from the other project can be termed the Pattern Trademark as provided by the Trademark Act. The method of evaluation is similar to other trademarks.

7) Sound Mark

A sound mark is a mark used when a specific sound performs the purpose of uniquely classifying the source of a product or a service; it is termed a sound mark. In such cases, such sound is connected with a company or its products or services. It is provided by the Trademark Act.

Conclusion

In today’s world, it’s pretty standard that people copy each other’s names and make their companies in today’s world. To avoid this practice, it is essential for the firm, company, or individual to get the Trademark registered for their product and goods under the Trademark Act. One must consult an expert for the correct information to get their Trademark registered.

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Frequently Asked Questions on Trademark

Q1. What are the main types of trademarks under the Trademark Act in India?

Ans1. The Trademark Act, 1999 recognizes several types of trademarks in India including Product Mark, Service Mark, Collective Mark, Certification Mark, Shape Mark, Pattern Mark, and Sound Mark.

Q2. What is a Product Mark in trademark law?

Ans2. A Product Mark is used to identify and distinguish physical goods of one seller or manufacturer from those of others. It helps build brand identity and is protected under the Trademark Act.

Q3. How does a Service Mark differ from a Product Mark?

Ans3. A Service Mark is used to represent and distinguish services offered by a company, such as IT, hospitality, or consultancy services, while a Product Mark represents physical goods.

Q4. What is a Collective Mark with example?

Ans4. A Collective Mark is used by a group of companies or associations to represent membership and standards. For example, a trade union or association might use a collective mark to indicate its certified members.

Q5. What is the purpose of a Certification Mark in India?

Ans5. A Certification Mark indicates that a product meets specific standards regarding quality, origin, or materials. It assures consumers about reliability, such as the ISI or BIS marks in India.

Q6. Can the shape of a product be trademarked?

Ans6. Yes, a unique and distinguishable shape of a product or its packaging can be registered as a Shape Mark under the Trademark Act, provided it is not functional and identifies the brand.

Q7. What is a Pattern Mark under trademark law?

Ans7. A Pattern Mark consists of a repeated decorative pattern used to identify the source of goods or services. It must be distinct enough to qualify as a trademark.

Q8. What is a Sound Mark and how is it used?

Ans8. A Sound Mark is a unique audio element associated with a brand. For example, the Intel chime or the Yahoo yodel are sound marks that instantly identify the company.

Q9. How long is a registered trademark valid in India?

Ans9. A registered trademark in India is valid for 10 years from the date of filing. It can be renewed indefinitely by paying the renewal fee every 10 years.

Q10. Why is trademark registration important for businesses?

Ans10. Trademark registration protects brand identity, provides legal rights against infringement, builds consumer trust, and helps businesses distinguish themselves from competitors.