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6 Types Of Trademark In India

6 Types Of Trademark In India

India is a country that is brimming with new ideas and creates every day, minute and second. A trademark is essential for these products and services if they are looking to establish a solid domestic and international presence in the market. A trademark allows the customers to be assured of the quality and credibility of the product and service.  Trademarks help establish a distinctive brand image in the public’s mind and make the product or service more recognizable, thus boosting sales and creating a loyal customer base.

These are the six types of trademarks that one can obtain in India:

  1. Collective Trademark

  2. Product Trademark

  3. Service Mark

  4. Shape Mark

  5. Sound Mark

  6. Pattern Mark

1. Collective Trademark

These trademarks include a group of companies which protect their product and services collectively. It is like an association of companies that produce products and services with the same characteristics. The owners of such trademarks can be cooperative, institutions, or associations. The collective mark member should abide by the compliances and specific standards set up by the owners to attain protection for the goods/services. The product/service should qualify based on characteristics that each member possesses. One such example can be AISMA (All India Station Masters’ Association).

2. Product Mark

As it is evident from the name, a product trademark is strictly reserved for goods and products and not services. It helps identify the creator and distinguishes different products from each other in terms of quality and the source. Trademarks are an essential medium for creating goodwill and reputation of the product in the customer’s minds and the market. The SYMBOL ™ will precede a development that has obtained the product mark. The attainment period of a trademark is 18 to 24 months. The validity of a trademark prevails for up to 20 years, after which one has to renew it from time to time. An excellent example of a product trademark is the Amul and Cadbury brands.

3. Service Mark

Like the product mark for products, a service mark is reserved for the safeguard of services. It distinguishes the service provider from others. SM represents a service trademark. Companies that are involved in the hospitality, beauty, food, publishing, advertising sector can use a service trademark to protect their names from being in use by another. Example- Apple, Yahoo, Google, Asus, etc.

4. Shape Marks 

A distinguishing feature of the Indian Trademarks Act,1999 directs that a trademark may also contain designs, shapes, packaging, as long as it is ingenious and distinctive from others. This helps to safeguard such trademarks from other copycats. A shape can be registered when it is unique and has not been in circulation before. One example of such a feature can be jewellery, lamps, or decorative hardware. These modifications and evolutions can be a result of technological and intellectual advancement. For example, the distinctive shape of a Coca-Cola bottle, the shape of vintage necklaces or jewellery, etc.

5. Sound Marks 

When a jingle in a commercial becomes viral, that jingle or sound can be trademarked by the creator to safeguard its unique tone or lyrics. A sound is trademarked when it is successful in being an identifying factor of a good or service. For example, I’m lovin’ It tag of McDonald’s.  These sounds are audio mnemonic, which helps in branding and establishing a broad customer base. These sound symbols can be present at the starting of an advertisement or to capture the viewers’ attention and convert them into customers.

6. Pattern Marks 

These trademarks include those peculiar and connected patterns to a good or service offered by a particular seller or provider. A design is accepted for trademark only when its uniqueness is identifiable and evident with research and proof. These patterns distinguish one good or service from another.

For more queries and questions regarding trademarks, contact us at Vidhinyas or leave our comments in the section below. 

Vidhinyas
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