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