WHAT ARE THE DIFFERENT TYPES OF TRADEMARKS IN INDIA?

INTRODUCTION

A trademark identity which one person gives to their business or brand, it can be a logo, a symbol or a design that distinguish their goods and services. Trademark play a vital role in brand identity and protection as they are unique in nature. The trademark is of various types such as word mark, device mark, shape mark, service mark etc.

Registering a trademark grants business exclusive rights and legal protection, these protections prevent unauthorized use or imitation of one’s mark. Apart from standard trademarks, there are other types of marks like service marks, collective marks, certification marks etc.

In this article we are going to discuss about different types of trademarks, their unique features, their benefits of registering. By understanding different types of trademarks, a business can choose what they want for their business.

TMWALA will help you understand the differentiation between the marks and help you choose the suitable one for your business.

TYPES OF TRADEMARKS IN INDIA

• Word Marks: It includes any marks used to identify a trading company’s or service provider’s goods and services. Your product or service will be registered under Word Marks if its name is text-based, meaning it exclusively contains text.
• Logo/Device Marks: A printed or painted figure, design, or character that is devoid of any letters, words, or numbers is called a logo. The trademark must be registered as both a word mark and a device mark if the word mark is also used as a logo.
• Combination Marks: Trademarks that create a cohesive brand representation by combining words and logos, meaning the device and word are in the same trademark.
• Shape of Goods Marks:Goods are classified according to their shape, or trade dress. A product can be identified by its packaging in addition to its logo or label.
• Colour Marks:trademarks that provide protection for particular colors or color combinations utilized in unique ways. For instance, Cadbury Purple, Tiffany Blue, and Coca-Cola Red.
• Certification Marks:The purpose of the certification mark is to demonstrate that the business has fulfilled a particular quality level. Because the trader’s goods or services have fulfilled a specific standard as determined by the certifying authority that holds the certification mark, the public will be aware that they are certified.
• Collective Marks: These trademarks are associated with a collection of individuals rather than a particular commodity or service. The primary owners of these trademarks are institutions, associations, or organizations. Members of the organization might use them to portray themselves as a part of it.

NON-CONVENTIONAL TRADEMARKS

Non-traditional trademarks or non-conventional trademarks are a collection of trademarks that are different from the conventional trademarks, which consist of logos, numbers, phrases, letters, images, symbols, or combinations of the above elements. Non-conventional trademarks, which consist of colors, shapes, moving images, smell, texture, touch, holograms, places, or non-visible signals, are a part of the conventional trademarks. There is no legal definition of non-conventional trademarks in the Trade Marks Act of 1999; hence, India has incorporated the Shield Mark doctrine for non-traditional trademarks.

TRADEMARK CLASSIFICATION IN INDIA

The trademark classification in India is basically in two categories one is goods and other one is services, let’s discuss each one of them in detail.

For goods, there are 34 classes (Class 1 to Class 34).

These encompass a broad variety of products like chemicals (Class 1), paints and varnishes (Class 2), cosmetics and cleaning agents (Class 3), industrial fuels and oils (Class 4), pharmaceuticals (Class 5), metals and building materials (Class 6), machines (Class 7), *hand tools (Class 8), scientific and electronic equipment (Class 9), medical and surgical instruments (Class 10), and lighting and cooking appliances (Class 11). It also includes some vehicles (Class 12), firearms and fireworks (Class 13), jewellery and precious metals (Class 14), musical instruments (Class 15), stationery and paper goods (Class 16), rubber and plastic materials (Class 17), leather goods (Class 18), non-metallic building materials (Class 19), urniture (Class 20), kitchenware and cleaning tools (Class 21), ropes and raw textile materials (Class 22), yarns and threads (Class 23), textiles and covers (Class 24), clothing and footwear (Class 25), lace and embroidery (Class 26), carpets and rugs (Class 27), games and sports items (Class 28), food products such as meat, fruits, dairy (Class 29), staples such as tea, coffee, spices (Class 30), agricultural and horticultural products (Class 31), non-alcoholic beverages (Class 32), alcoholic beverages except beer (Class 33) and tobacco products (Class 34).

For services, 11 classes (Class 35 to Class 45) are available, and they span a broad range of commercial and professional services. These are advertising and business management (Class 35), financial and real estate services (Class 36), construction and repair (Class 37), telecommunication services (Class 38), transportation and logistics (Class 39), material treatment (Class 40), education, training, and entertainment (Class 41), scientific and technological services (Class 42), hospitality and food services (Class 43), medical, beauty, and agricultural services (Class 44), and security and personal social services (Class 45).

This system of classification guarantees easy categorization and allows for enhanced trademark protection in different industries.

TMWALA can help you identify your goods or services class and help in registering the same.

TRADEMARK RIGHTS IN INDIA

Although trademark registration is not required, it provides a number oftrademark rights in India. Although the process may be complicated, registration provides numerous beneficial rights, such as:

• Exclusive Use: The owner gets the sole right to use the trademark for the registered goods or services.
• Legal Protection Against Infringement: The owner of a trademark can sue for unauthorized use or copying.
• Right to Assign or License: The owner has the right to assign trademark rights or license them.
• Right to Amend the Register: The proprietor may ask to modify the registered information or delete entries from the register of trademarks.

CONCLUSION

Different types of Trademarks in India are vital assets to companies, serving to create brand identity, build consumer confidence, and provide legal protection against abuse. From word marks and logos to more unusual non-conventional trademarks such as sounds and colors, each is a strategic tool for differentiating products and services in the marketplace. Knowledge of the different kinds of trademarks, classification of trademark in India in terms of Indian law, and the trademark rights in India after registration enables companies to make an educated choice when safeguarding their intellectual property.

Trademarking is not merely a ritual, it’s a valuable means of legal enforcement, market exclusivity, and brand identity. Whether you’re starting a business or operating an existing one, choosing the right type of trademark and the right class of goods or services is crucial.

With professional guidance from sites such as TMWALA, companies can execute this process well, with their brand being protected by the law and competitively placed in the market.