Author- Nandini Bhagat
Introduction
When we think of a product, the first thing that comes to our mind would be the picture of the product and its provider. We all remember the famous and colorful products, their logo, their catch taglines, and even the packaging of the product. These symbols, signs, or logos that provide a product its identity can be called a trademark to a product. the trademark. The value of a trademark and the rights that are granted to its owner upon registration are now widely understood by both product owners and manufacturers. There are various sorts of trademarks in India that, once registered, grant the owner legal rights and protection. This article will explain the fundamentals of trademarks, the various types of trademarks, and the significance of each form of trademark.
Trademark – Definition and meaning.
It is a mark that effectively aids in the identification of a product by setting it apart from other products and services in the same category. When there is market competition, it helps to identify the product. A trademark is defined by Section 2(zb) of the Trademark Act of 1999 as “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.” This definition includes the appearance of goods, their color scheme, and their packaging. The main purpose of a trademark is to distinguish it from other brands that belong to the same class of goods and services; therefore, a distinctive mark serves this purpose best.
A trademark uniquely protects a product regarding its symbol, taglines, its design, logo, or combination of all of them. Trademarks help a product to mark its identity in the market which is unique to that product. An owner doesn’t need to register their product under the Trademark Act 1999. But once registered a trademark gives its owner legal rights and protection for a term of ten years, which is then extended upon renewal. A trademark has several advantages, including ease of marketing, establishing a distinctive identity, and serving as a source identification.
TYPES OF TRADEMARKS
CONVENTIONAL TRADEMARKS
- Product mark
This type of trademark is not used for services provided but for products or goods. Product mark gives identity to the owner or the provider of the product concerned and takes care of the reputation and the origin of the product.
Class 1 to 34 of the fourth schedule of the Trade Marks Rules is concerned with the product mark trademark.
- Service Mark
As the name suggests this type of trademark is used for services and not products but is similar to a product mark.
Class 35-45 of the fourth schedule of trade marks rules deals with this type of trademark.
- Word mark
Generally, trademarks are filed under a wordmark. In this, a trademark is filed under a word or a text without any added artistic element. Since the owner is permitted to use the wordmark in all manners, configurations, and representations, this type of registration provides the widest legal protection for a trademark. LAYS and COCA-COLA are a couple of examples of registered work marks.
- Device mark
In addition to the wordmark component, a device mark typically includes an aesthetic component like symbols or an artistic or graphical depiction. Often, it includes a wordmark along with several creative components. Such components may include both trademarkable and non-trademarkable features, depending on the device mark. Such a mark protects the registered composite mark, but not the individual components. It’s interesting to note that a device mark’s protection is only as broad as the color scheme in which it is registered. However, a registered black-and-white device mark offers broader protection, allowing the owner to request color protection for such a device registration.
- Certificate Trademark
This form of a trademark is generally used by the owner to mark the origin, material, quality, production method or service delivery, and other features of the goods or services. Some examples of certified marks are the ISI mark issued by the Bureau of Indian Standards (BIS) and the AGMARK issued by the Directorate of Marketing and Inspection, Government of India.
- Collective Trademark
This type of trademark is mostly used by organizations or members to differentiate their goods or services from those who are not members or non-members. A common example can include the designation of an Advocate (Adv), which can only be used by those who are registered with the bar council through a process of examination.
- Series Trademark
Such trademarks may be registered as series trademarks when an owner has many trademarks about the same or similar items, all of which appear to share a substantial similarity and differ only in terms of non-distinctive character.
UNCONVENTIONAL TRADEMARKS
- Color Trademark
The words “mix of colors” are protected as a trademark because they are included in the Trademark Act of 1999’s definition of a trademark. To be registered as a color mark, however, a color combination must be distinct, one-of-a-kind, and identify the product and its source. It won’t be deemed unusual to simply use red and yellow to denote orange. To be eligible for registration under this sort of trademark, the color must be particularly distinctive and recognizable by its target audience.
- Sound trademark
Graphical representation is considered a must for trademark registration and it also applies to sounds. Certain specific sounds are excluded from being registered as a trademark as a sound trademark as per the trademark manual. Such sounds are-
- Rhymes of children
- Music that contains 1 or 2 notes
- Popular music
- Music that has an association with a particular region
- Shape Trademark
The term “shapes of goods” is used in the Trademark Act of 1999’s definition of a trademark. Hence, form marks are also protected by the Trademark Act of 1999. However, Section 9(3) of the Act has a restriction that expressly forbids the registration of a trademark that consists of only:
- Shapes result from the nature of goods themselves.
- Shapes that seem necessary to have a necessary technical result.
- Shapes add value to goods.
CONCLUSION
When applying for a trademark, it’s critical to comprehend how each sort of trademark differs from the others. To begin with, a mark must be distinctive and unique to qualify for legal protection under the Trademark Act of 1999. If your trademark appears to be somewhat similar to those already on the market, you can think about changing it so that it can be registered. Since a trademark gives a thing its identity, its distinctiveness is crucial. There was a great deal of uncertainty and confusion in the market prior to the regulation of trademark rules. Since the general public was unable to readily identify the provider of the goods or services, it was challenging to develop brand loyalty.
Before registering a trademark, it is crucial to understand the level of protection it offers the owner. The reason is that each one of them involves particular components and requirements. A trademark is a valuable weapon that a proprietor can utilize to monetize both his trademark and his merchandise. Also, trademarks serve as a barrier between registered trademark owners and other market competitors. Last but not least, a trademark serves as a tool that allows the owner to employ the legal recourse provided to him to combat trademark infringement. As a result, prior to registration, a trademark’s kind must be given the highest consideration.
