Meaning & Types of Trademark
Register Logo, Brand & Domain
Trademark is the brand name or logo that represents a business. The online trademark registration process is more complicated than it appears. It involves a number of processes and government follow-up. We are available to make the process easier for you.
importance of trademark
A registered trademark is a symbol, logo, word, slogan, or company name. It protects your status and stops other businesses from trespassing on your intellectual assets. Trademark is the most valuable asset for modern business. A trademark is a unique mark or sign representing a business and distinguishes it from another firm. We have seen that most of the trademarks of an enterprise remain unidentified and due to ignorance resulting in future dispute and litigation. We strongly advise our clients to understand the meaning of a trademark and take appropriate steps to secure the same.
Types of Trademark
There are various Trademark categories that can be registered under the Trademarks Act, 1999. The applicant has to choose category of Trademark While filing the trademark application in TM-A (Earlier named as TM-1), the prescribed form for filing a trademark application in India. It can be only from options mentioned below.
"Word" as Trademark
A word mark includes one word or a combination of words, letters, or numerals. The word need not have a meaning. It can even be a combination of random letters with or without numerical. e.g Google, Coca Cola etc. In a word mark registration, attention is not given to the style or manner in which the words or letters are written, represented, the font size used, design attached with the words or any other graphic feature of the letters or words. The trademark protection is granted only for the brand name. It is the most common category of trademark registration.
"Device" as Trademark
A device mark includes any sticker, label, logo, monogram, or any geometrical figure other than a word mark. It contains drawings and designs. A device mark is a graphic image or design, which may or may not have words. The device mark may be represented along with colours. However, if the proprietor of a trademark obtains trademark registration for a logo or design containing colours, then the same colours have to be used throughout to seek trademark protection. e.g The Android symbol, Apple Logo, etc.
"Colour" as Trademark
It consists of a colour or combination of colours with or without a device mark that is distinct from others. In order to obtain trademark registration for a colour, the colour or combination of colours must be capable for distinguishing the goods or services of one entity from those of other entities. Single colour trademark registrations are granted only in very peculiar cases, as most of the average consumers are not in the habit of making assumptions about the origin of goods and services based solely on their colour or the colour of packaging. A combination of colours may be registrable, if they are unique and can be used to distinguish good or services from a certain source. If the colours are presented as a figurative mark, then as few as two colours could be accepted. However, if the colours are simply the colours of the packaging of the products, then they are harder to be trademarked.
"Sound" as Trademark
- The four bell sound of Britannia Industries.
- The guitar sound while switching on the cell device of Nokia.
- The Airtel ringtone composed by A.R Rahman.
- The corporate jingle music of the ICICI bank.
- The roaring lion sound of MGM Entertainment.
- The sound for Twentieth Century Fox, consisting the sounds of the drums, trumpets and strings.
- The Theme song of National Stock Exchange
"Three dimensional shape" as Trademark
Three-dimensional symbols includes packaging or shape or of goods of certain products such as the Xbox 360 logo, whiskey bottles, etc. A three-dimensional trademark is the non-conventional trademark which makes use of the three-dimensional shape of a product or its package/container to achieve distinction in the concerned jurisdictional marketplace. Hence, being clearly distinguishing by shape or long-time usage is the paramount requirement of a 3D trademark, besides the quality of being represented graphically. Example of such 3D trademarks are the contour of a Coca-Cola bottle, shape of the Zippo Lighter, the 3D shape of the Super Cub Scooter of Honda, or the Toblerone packaging.