Introduction

Whenever we think of a product, we automatically picture the brand name and its
provider. We even remember the iconic jingles, logos and the colour combination
of the packaging of the product. These signs, symbols, logos,jingles that give an
identity to a product are referred to as its trademark

Trademark is an intellectual property that has gained remarkable importance .

Today,owners and manufactures of a product are very well awaree of the
importance of a trademark and the rights which are conferred on the owner upon
the registration of such trademark. In india, there are several types of trademarks
under which the owner of the trademark can seek legal right and protection .

What Is a Trademark?

A trademark is a recognizable insignia, phrase, word, or symbol that denotes a

specific product and legally differentiates it from all others of its kind. A trademark
exclusively identifies a product as belonging to a particular company and
recognizes the company's ownership of the brand. Trademarks are considered a
form of intellectual property. It is a mark that efficiently helps us to identify a
product by distinguishing it from other good and services belonging to same class.
It helps to identify the product when there is competition in the market. As per
section 2(zb) of the tTrademark act,1999 a trademark means a mark capable of
graphical representation and which is capable of distinguishing goods and services
owned by one person from those of others in the market and includes the shape of
goods, the combination of colous and their packaging . The primary function of the
trademark is to stand out from the other brands belonging to the same class of
goods and services and hence a mark that is distinctive is the best kind of
trademark.

A trademark gives protection for symbol , word, phrase ,design,logo or

combination of all of them .it gives an identity to a product that represents a source
of goods or services. A trademark in india is protected the Trademark Act,1999 and
common law. As per the trademark Act, it is not mandatory to register your
trademark .however a trademark once registered shall provide legal rights and
protection to its owners for 10 years and such a period shall be extended upon
renewal. The benefits of a trademark include ease to market, creating distinct
identity and being a source identifier .

Key Takeaways

1)​ A trademark is an easily recognizable symbol, phrase, or word that

denotes a specific product.
2)​ It legally differentiates a product or service from all others of its kind
and recognizes the source company's ownership of the brand.
3)​ Trademarks may or may not be registered and are denoted by the ® and
™ symbols respectively.
4)​ Although trademarks do not expire, their owners must make regular use
of them in order to receive the protections associated with them

Types of Trademark

Product mark
It is a mark used on products or good but not on services. Product mark is
used to identify the provider ,the reputation, and the origin of the product.
Application for a trademark filed under class 1 -34 of THE FOURTH
SCHEDULE OF TRADE MARKS RULES,2002 are generally termed as
product mark

Service mark

It is similar to a product mark,but it is specifically used to identify a service

not a product. Application for a trademark filed under class 35-45 of THE
FOURTH SCHEDULE OF TRADE MARKS RULES,2002 are generally
termed as service mark
Word mark

Typically, a trademark is filed under a workmark or device mark . In a

wordmark only a word or text is used to denote a trademark, without any
stylization or additional artistic elements. This type of registration gives the
broadest legal protection to a trademark because it allows the owner to use
such a wordmark in all styles , forms and representations. A few examples of
registered work marks are LITTLE HEARTS, COCA-COLA
Device mark

A device mark usually has an artistic element such as symbols, or an artistic

or pictorial depiction in addition to the element of the wordmark along with
multiple artistic elements .such elements present in a device mark can be a
combination of trademarkable and non- trademarkable features. Such a type
of mark grants protection over the composite mark which is being registered
but not the individual elements. Interestingly , a device mark when
registered in colour is limited in protection to the colour combination in
which it gets registered. However , registered device mark that is black and
white in colour gives broader protection wherein the owner can claim
protection for colours for such a device registration .
Certificate trademarks

These marks are typically used by the owner in order to certify the origin,
material, quality, mode of manufacture or performance of services and other
characteristics of goods or services to which they are applied. Some
examples of certified marks include the ISI mark which is issued by the
Bureau of Indian Standards (BIS), AGMARK which is issued by the
Director of Marketing and Inspection of the Government of India.
Collective trademarks

This trademark is different from the ones mentioned above. This type of
mark is typically used by an organisation or association of members in order
to distinguish the goods or services of the members form those who are non
members. A very common example of this type of trademark is the CA mark
which can only be used by registered members of the INSTITUTE OF
CHARTERED ACCOUNTANTS.
Series trademarks

When an owner owns several trademarks in relation to the same or similar

goods, wherein all trademarks seem to possess a material resemblance to
each other and are different in respect of non-distinctive character ,such
trademarks may be registered as series trademarks.
Example iphone ‘i’series by apple
iphone,ipad,imac,icloud

Colour trademark
Since the definition of a trademark under the Trademark Act,1999 includes
the words ‘combination of colours , they are protected as a trademark.
However, such a combination of colors to get registered as a colour mark
must be unique,distinctive,and must identify the product and its source . A
simple combination of red and yellow to indicate orange will not be
considered distinctive . the colour to get registered under this type of
trademark must be extremely distinct and must be recognisable by its
consumers.

Sound trademarks

Graphical representation is an essential element in trademark registration

and this applies to sound marks as well. To register a sound under the
trademark, it must be in such a form that it is distinctive and identifiable by
the consumer.certain categories of sounds are specifically excluded from
being registered as a sound mark as per the ™ manual. They are as follows:
1)​ Songs used as chimes,
2)​ Simple pieces of music consisting 1 or 2 notes
3)​ Nursery rhymes of children ,
 4)​ Music that is strongly associated with a particular region
5)​ Popular music.
Example netflix ‘tudum’ song ;nokia tune

Shape trademarks

As per the definition of trademark under the Trademark Act 1999 the term
“shape of goods’ are used . so ,under the Trademark Act,1999 protection is
granted to shape marks as well.
However a limitation is provided under section 9 (3) of the Act,wherein it
expressly excludes registration of a trademark which consist only of
1)​ Shapes that result from the nature of goods itself
2)​ Shapes which are necessary to obtain a technical result
3)​ Shapes which add substantial value to the goods
Additionally ,when such an application is made , it should be in
relation to the goods and not in relation to the container of the goods.
Smell trademarks

A few trademarks registered under this type have been granted

registration internationally . however ,in india ,for a mark to qualify as
a trademark, it must be capable of being graphically represented . such
a representation should be recognised and identifiable by the public.
Additionally ,a smell that is functional cannot be granted registration .

Apart from the same, a smell that is either functional or descriptive

also cannot be granted registration . for example, a perfume with an
added nail polish remover to mask the chemical odour can qualify as a
functional smell. A smell that is the natural result of a combination of
the ingredients can also not be protected as a trademark . if an
application for a trademark under this type is able to pass these tests
and prove its distinctiveness , then it can be registered as a trademark.
Examples
Plumeria scent for yarn
Bubble gum scent for sandals

Importance of types of trade marks

Before making an application for a trademark, it is important to

understand the difference between each type of trademark. Firstly a
mark should not be generic it must be unique and distinctive in order
to seek legal protection under the Trademark Act,1999. If your
trademark seems to be a little similar to the ones existing in the market
then, you may consider modifying your mark so that it qualifies to get
registered.
 The distinctiveness of a trademark is extremely important because it
gives identity to the product. Prior to the regulation of the laws with
respect to trademarks , there was a lot of ambiguity and confusion in
the market. It was difficult to attain brand loyalty from the public
since they were not able to immediately identify the provider of the
goods or services

Conclusion

It is important to understand the kinds of protection each kinds of

trademark grants to its owner before he gets its registered. The reason is
that all of them have specific elements and essentials involved .
trademark is an important tool that an owner can use to monetize his
trademark as well as his product . trademark also acts like a shield that
protects the rights of the registered trademark owners from other
competitors in the market . and lastly trademark acts like a weapon
wherein the owner can use the rights granted to him