Different Types Trademarks in India

A trademark of goods or services distinguishes them from other articles of commerce that are similar in nature but originate from a different origin. A trademark is a visual or graphical representation that is unique to a company. The proprietor of a registered trademark reserves exclusive usage rights and can seek relief of infringement against other traders for unlawfully using the trademark as well as demand alimony for damages.  This could be a word, signature, name, numerals, device, shapes, labels, colours or a combination of them. Once registered, a trademark should be used or proposed to be used only in relation to goods or services that indicate a connection between the goods or services and the person or entity who has been allowed rights to use the trademark.

In India, trademark registrations are governed by Trade Marks Act, 1999 and can be divided into the below categories depending on the characteristics of the mark. Let’s have a look –

Word mark

A word mark includes letters, numerals, words, any combination thereof or anything written in standard character. Company names, geographical names, domain names, slogans, forenames or surnames or even the signature of a person can be applied for trademark registration under this category. It can be an invented word or any arbitrary dictionary word or set of words, not being directly descriptive of the character or quality of the goods/service. Descriptive words in foreign languages or little-known languages can also be applied for a word mark.

Device mark

This is one of the most commonly registered type of mark. It includes any label, sticker, monogram, logo, drawings, symbols, two-dimensional design of a name, or any geometrical figure other than word mark. A device mark should be distinctive to the good or services traded under the mark. A device mark can also be a combination of any of these including logotypes and labels. If a specific colour or combination, other than black & white is submitted, it is presumed that the uniqueness of the mark is being claimed in the provided colours only.

Colour mark

A colour mark is granted when its distinctiveness is claimed for a combination of colours or even a single colour along with or without a word or device. The applicant has to provide the exact  description of the colour combination as per International Classification System of Colours. Along with this a graphical representation of the trade mark and a concise and accurate description of the trade mark has to be provided in the application.

Three-dimensional mark 

This category is for filing the distinctive shape of goods or its packaging or any three-dimensional object that can be graphically represented. In order to distinguish it from two dimensional marks, an applicant has to specifically state in the application that the mark sought for registration is a three dimensional trade mark. 

Sound mark

Sound marks are non-traditional form of trademarks that consist of a sound and can be transcribed or graphically represented through a series of musical notes with or without words. It is required to specify that the application is for sound marks along with submission of the clearly audible reproduction in MP3 format accompanied with a graphical representation of its notations. The file should not exceed thirty seconds’ length and must be recorded on a medium which allows easy replaying.