KINDS AND CLASSES OF TRADEMARKS IN INDIA: IPR

In our earlier articles Lesson 1 and Lesson 2, we have discussed topics varying from basics of trademarks, to its attributes, search before registration and many more. In this article, we would learn more about the kinds of trademarks that broadly exist.

KINDS and CLASSES OF TRADEMARKS IN INDIA
The importance of a brand name and its need to get registered under the Trademarks Act cannot be denied as today’s marketplace is a competitive and crowded place. Similarly it is equally important to understand how one can best secure one’s brand by registration and what type of registration best suits the brand he sells his services and goods under.

There are several options available to get a brand registered as a Trademark, like getting the name or words of a brand, name registered or getting its logo registered, etc.

Before registering a brand name
one must know of the different options that are available to protect the brand in the best manner and also with the widest scope of protection. Besides this what is required to be ensured is the determination of the right category to seek registration in.

The purpose of providing different classes is to avoid inconvenience and confusions entailed in the registration and also make it convenient for searching the particular trademark. Besides this the category wise registration gives an opportunity to know about all other marks which are registered under that category for the time being.

India uses the Nice Classification which is a system of classifying goods and services to register trademarks. This system presently provides for the classification of goods in Classes 1 to 34 and services in Classes 35 to 45.
TRADEMARKS and its TYPES
Corporate Professionals

TRADEMARK - A trademark, is a distinctive name, word, phrase, logo, symbol, design, image, or a combination of these elements or indicator used by an individual, business organization or other legal entity to be identified by its targeted consumers that the products or services on or with which the trademark appears originate from a unique source, designated for a specific market, and to distinguish its products or services from those of other entities.

WORDMARK - A trademark where the trademark owner is claiming rights only in the word, letters or numbers themselves, without claiming any right in the manner how these words are presented is known as a wordmark. In other words, a wordmark refers to the right of the owner only on the words, letters, etc. but have no right on the way it is presented. For Example“Corporate Professionals” is a wordmark.

The basic difference between a word mark and a trade mark is that the word mark is a kind of trade mark where the owner of the trademark only gets rights in the words, letters, numbers or slogan. In other words, in a word mark, all appearances and use of the words are not protected.

However if a word shows distinctive character it qualifies for a valid trademark with Device. A trademark with Device, thus, is all about a distinctive name, word, phrase, logo, symbol, design, device, image, or a combination of these elements or indicator used by your business.

 For Example   Corporate Professionals

More examples in this direction can be that of ‘AMUL’ being a wordmark and being a device/ logo; ‘MOTHER DAIRY’ being a wordmark and being a device/ logo.


SERVICE MARK - A service mark is a word, phrase, symbol or design, or a combination thereof that identifies and distinguishes the source of a service rather than goods (as in the case of trademark). In common parlance, the term “trademark” is often used to refer to both trademarks and service marks. For Example “Corporate Professionals” will be a service mark for Legal and Financial Services it provides.


CERTIFICATION MARK - A Certification Mark is a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor so as to differential with respect to. For example WOOLMARK, ISI etc. fall in the category of Certification Marks. These marks can be used only in accordance with defined standards.Corporate Professionals Pvt. Ltd.

COLLECTIVE MARK - A collective trade mark is a mark that distinguished the goods or services of the members of an association of persons. Such association of persons is the proprietor of the mark in such a case. For example, ‘CA’ used by ‘The Institute Of Chartered Accountants of India’, ‘CS’ used by ‘The Institute of Companies Secretaries Of India'.

SOUND TRADEMARKS. A sound can be a distinctive indicator and can also be protected. A sound trademark, therefore, is a sound or melody with a distinctive recognition effect. In order to able to protect it, the sound must be reproducible graphically, for example, using notes. A well-known sound trademark is the jingle of the ICICI bank.


3-DIMENSION MARK IN INDIA- In India definition of mark includes shape of goods and therefore three dimensional or 3-Dimensional or 3D Marks can be registered under the provisions of Indian Trademark Act, 1999.



To SUM UP…
A proprietor of a mark may choose to represent his mark in different manners and forms. At the same time, it is also important to understand the classes under which it should be registered. Looking at this, there are various types and kinds of trademarks that can be registered by a brand owner for his brand and appropriate protection can be provided.

For more details , please contact 

Deepika V. Sawhney                              Stuti Bansal
deepika@indiacp.com                              stuti@indiacp.com
+91 9818316936                                      +91 9810203315
+91 11 40622229                                     +91 11 40622240

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