Types of Trademark

A trademark is a unique mark that refers to a name, logo, or brand that is associated with a product or service of a company or individual. A consumer can identify a service or product by its unique mark. A trademark is registered under the Trademark Act of 1999. It protects the brand or logo from any infringement meaning a third party cannot steal or use the registered mark for their services or products without permission.

A trademark may include a brand, logo, symbol, word, signature, device, letter, shape, number, or color. After a trademark is registered you can see the ® symbol beside the mark. This article will provide you with a detailed guide on the types of trademarks.

Types of Trademark

The following details include the types of trademarks:

• Product Mark:

A product mark is a trademark that identifies and differentiates a specific product from other products in the marketplace. It can be a word, phrase, design, symbol, or a mixture of all these elements. A product mark can be filled under the trademark class 1 -34 which refers to goods or products. A common example of a product mark is Nestle which is a world-known coffee brand. Product mark is an essential part of a company and helps enhance a brand’s identity.

• Word Mark:

A word mark is a type of trademark that includes a word or a mixture of words, numbers, or letters. There is no attention paid to the style in which the words and letters are represented, and are registered irrespective of the representation manner. Google can be common example of a word mark, as it includes only word without keeping including any design element. The tagline “Just Do It” of Nike is also an example of a word mark.

• Sound Mark:

A sound mark is a trademark that consists of a sound or a combination of sounds and helps identify a product or brand through the audio aspect. A registered sound mark can be identified just by hearing the sound element. These sounds are also known as audio mnemonics which means a short melody or jingle, and usually appear at the beginning or the end of a commercial/advertisement. The IPL match sound is one of the most popular sound marks in India. The sound mark is not defined as a trademark under the Trademark Act of 1999 but is recognized as one like phrases or logos.

• Service Mark:

It is a type of trademark that identifies a service rather than a product and allows a company to legally protect the brand name or logo associated with the service they provide. A service mark includes phrases, words, designs, symbols, or a mixture of these elements. It is a type of intellectual property that prevents other individuals or businesses from stealing and using the marks to deceive consumers. A service mark can be filed under the trademark class 35-45 as it refers to services. A common example of a service mark is Uber Cabs which provides booked cab services.

• Shape Mark:

A shape mark is a three-dimensional trademark that protects the shape of a product and helps customers identify a specific brand or manufacturer. It is included in packaging, containers, and the product itself, making the product preferable for consumers who are eager to purchase it. A registered shape mark can be identified just by looking at the shape of the product. For example, Coca-Cola has a unique bottle shape that differentiates it from other soft drink companies.

• Pattern Mark:

A pattern mark is a trademark that repeats a set of elements and uses a specific pattern, designed especially for a particular product. The visual repetition elements may include lines, shapes, and colors and serve as a distinguishing feature of a product or brand. If the pattern marks are infringed upon, the owner can enforce a legal action as it is registered with a relevant intellectual property office. An example of a pattern mark is the Adidas three strips pattern, found across a range of products provided by them such as shoes and sportswear.

• Collective Mark:

A collective mark is a type of trademark owned by an association or organization and used by its members to distinguish their products and services from others. It is different from other trademarks as it denotes the collective interest of the members belonging to the particular organization or association. A common example of the collective mark is the CA used by the Institute of Chartered Accountants.

• Certification mark:

A certification mark is a trademark that guarantees a product or service meets the standards set by the Trademark Act. It has specific characteristics and plays an important role in consumer protection by providing fair and reliable information about a product’s origin and quality. For example, the most common example of a certification mark is the ISO Certification, which is an essential element for any business or company.

• Device Mark:

A device mark has both artistic elements such as a symbol or a pictorial depiction and the element of a wordmark. This type of trademark protects the marks that are registered and not the individual elements. If a company registers a word mark and doesn’t register the symbolic element, it can be copied or stolen by other competitors. Therefore, it is necessary to register the overall mark and not just the individual elements. A common example of a device mark is Puma with both the pictorial depiction and the brand name.

• Color Mark:

A color mark is a combination of colors used to represent a product or service. A customer can identify a brand by its color or combination of colors. It needs to be distinguishable from the other products or services in the market. For example, the most common example of a color mark is Facebook’s blue color which is associated with the social media platform.

Trademarks are important for a business or a company as it establishes an identity and avoids confusion in the market. Getting your trademark registered will provide legal protection and rights to your business or company name. It plays a crucial role in safeguarding a company’s intellectual property and brand identity.

Choosing a good and distinctive mark will be beneficial for effective brand identification. This article provided you with all the necessary information on the types of trademarks. To get assistance in the trademark registration process from our professional experts, you can visit our official website Online Legal India.