Types of Trademarks in India for Registration

Basically, a trademark (or service mark) serves two main purposes --- identifying the origin/source of a product/service; and assuring specific quality or quality standards of the related product/service. Besides these characteristics, a trademark must be capable of being represented graphically. Based on these criteria, a trademark can have many types or forms, and each type serving all above-mentioned purposes. Get brief information about the various types of trademarks available in India for proper registration.

Here, it may also be just mentioned that the Registered Symbol ® can only be used beside a trademark, after its proper registration with the regulating authorities, and issuance of the registration certificate. In general, the time taken by the registration of a trademark/service mark in India varies from 18 to 24 months. Again, the legal validity of a trade mark will be just for 10 years, counted from the date of its filing with the relevant office of trademark registry. The process of trademark renewal (through Form TM-R) extended the validity of the concerned mark for another 10-year period.

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This specific type of a trademark is exclusively used for distinguishing a product or goods of a manufacturing company. This product mark is generally denoted by the symbol 'TM', and is never used to identify any service of a service-providing company or firm. The trademarks belonging to the classes of Nice Classification which range from class-1 to class-34 are nothing other than product marks.

A service mark (denoted generally by the symbol 'SM') serves the same purpose for any service of a service-providing company, as a product mark serves for any product/goods of a manufacturing company. Thus, a service mark exclusively identifies and distinguishes the source of a service. Trademarks registrable under the classes 35-45 of the Nice Classification of Goods & Services are service marks.

A collective mark distinguishes any certain features of a product/service of any of the company of a specific group or association, and the collective mark is used and protected collectively by the concerned group of companies or cooperative. Some examples of a collective mark are the mark "CPA" or "TATA SONS". In other words, a collective mark is used to distinguish and promote particular products/services which have certain characteristics specific to a group of manufacturers or service-providers in a given field.

A certification mark is used on a product to guarantee the prospective customers that the product meets certain prescribed quality standards (i.e., the product has undergone certain standard test to ensure high quality). Certification marks are generally seen on packaged food products, electronic items, toys, etc. Some prominent certification marks used in India are the following --- ISI mark, ISO, FSSAI etc.

The three-dimensional shapes of goods or the packaging of these, can also be registrable as trademarks, if these fully satisfy the conditions of serving as a trademark. In such cases, the shape of a product or the packaging of this possesses certain distinctive features. Some examples of 3D shape marks are designs of ornamental lamps, any specifically designed bottle of perfume, the shape of the Coca-Cola bottle, shape of Zippo Lighter, etc. The technological advancements of the graphics have given rise to such shape marks.

A pattern mark consists of any particular designing pattern of a product, which helps in distinguishing the product from the similar products of other companies. The designed patterns must serve as an identifier of trade source, to be registrable as pattern marks.

If any certain sound or jingle (capable of being represented in conventional notations or graphically) distinguishes a company or its any product/service, then, the sound can be registered as a trademark, specifically as a sound mark. For example, the MGM's roar of a lion, or the tune for IPL.

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