You are on page 1of 7 Ask@venture-care.

com 020-65 3636 33

T rademarks are of various types; product marks, service marks, collective marks, certification
marks, shape marks, etc. The purpose of the trademark is the same, irrespective of its type. It
allows the consumers to distinguish the source of the product/service and assures the quality of
the product or service. The basic purpose of all these trademarks is to help customers identify
origin and quality of the underlying products or services.



A trademark may be divided into the following categories:

1. Product Mark:
A product mark is similar to a trademark. The only difference is, it refers to trademarks related to
products or goods and not services. It is used to identify the source of a product and to
distinguish a manufacturer‟s products from others. On the whole, a trademark is an important
means to protect the goodwill and reputation of a Business.
The application for the trademark can be filed within few days and “TM” symbol can be used.
The time required for trademark registry, to complete formalities is generally around 18 to 24
months. The ® (Registered symbol) can be used next to the trademark once the trademark is
registered and registration certificate is issued. Once registered, a trademark will be valid for 10
years from the date of filing, which can be renewed time to time.
So product marks are those that are attached to distinguish the goods or services of one
manufacturer from that of another.

Examples: 020-65 3636 33

2. Service Mark:
A service mark is the same as a trademark, but instead of a particular product, it identifies and
differentiates the source of a service. For example, a company such as Yahoo may brand certain
products with a trademark, but use a service mark on the internet searching service that it
provides. It is denoted by „SM‟.
A service mark is nothing but a mark that distinguishes the services of one proprietor/owner
from that of another. Service marks do not represent goods, but the services offered by the
company. They are used in a service business where actual goods under the mark are not traded.
Companies providing services like computer hardware and software assembly, restaurant and
hotel services, courier and transport, beauty and health care, advertising, publishing, etc. are now
in a position to protect their names and marks from being misused by others. The rules governing
for the service marks are fundamentally the same as any other trademarks.


3. Collective Mark:
These are the trademarks used by a group of companies and can be protected by the group
collectively. Collective marks are used to inform the public about a particular characteristic of
the product for which the collective mark is used. The owner of such marks may be an
association or public institution or it may be cooperative. Collective marks are also used to
promote particular products which have certain characteristics specific to the producer in a given
field. Thus, a collective trademark can be used by a more than one trader, provided that the trader
belongs to the association.
The trader associated with a particular collective mark is responsible for ensuring the compliance
with certain standards which are fixed in the regulations concerning the use of the collective
mark, by its members. Thus, the purpose of the collective mark is to inform the public about
certain features of the product for which the collective mark is used. One example of the
collective mark is the mark “CPA”, which is used to indicate members of the Society of Certified
Public Accountants. 020-65 3636 33

4. Certification Mark:
It is a sign indicating that the goods/services are certified by the owner of the sign in terms of
origin, material, quality, accuracy or other characteristics. This differs from a standard trademark
whose function is to distinguish the goods/services that originate from a single company.
In short, certification marks are used to define the standard. They guarantee the consumers that
the product meets certain prescribed standards. The occurrence of a certification mark on a
product indicates that the product has gone through the standard tests specified. They guarantee
the consumers that the manufacturers have gone through an audit process to ensure the desired
quality of the product/service. For example, Food products, Toys, Cosmetics, Electrical goods,
etc. have such marking that specifies the safety and the quality of the product.


5. Shape marks:
According to the Indian Trademarks Act, 1999, a trademark may also include the shape of goods,
their packaging, so long as it is possible to graphically represent the shape clearly. This helps in
distinguishing the goods sold under such trademark from those of another manufacturer. The
new Trade Marks Ordinance (Cap. 559) continues to allow registration of such marks.
When the shape of goods, packaging have some distinctive feature it can be registered. For
example, Ornamental Lamps. In certain cases, the (three-dimensional) shape of a product or
packaging can be a trademark (for example a specially designed bottle of perfume).
In a nutshell, Shape Mark has facilitated promotion of products and emerged into the trademark
type after the technological advancement of graphics. Any graphical representation which is able
to make a difference amongst the products can be shape marked. 020-65 3636 33


6. Pattern Mark:
These are the marks consisting of a pattern which is capable of identifying the goods or services
as originating from a particular undertaking and thus distinguishing it from those of other
undertakings. Such goods/services are registrable as Pattern Marks.
The procedure of evaluating uniqueness of pattern marks is same as that of other types of marks.
Pattern marks that are descriptive or indistinctive are objectionable because they fail to serve as
an identifier of trade source. Such goods/services would not be accepted for registration without
evidence of uniqueness. In cases where the pattern mark has become identified in the minds of
the public with a particular undertaking‟s goods or services, it receives acquired distinctiveness
and can register for Pattern Mark.
Thus, Pattern Trademark is a trademark wherein the pattern is able to distinguish the product
from other brands.

Examples: 020-65 3636 33

7. Sound Mark:
Sometimes, the sound that plays in the advertisement becomes so well known that when people
hear it they immediately know what product/service it refers to. In such cases, the sound may be
regarded as a trademark and is eligible for registration.
A sound mark is a trademark where a particular sound does the function of uniquely identifying
the origin of a product or a service. In the case of sound marks, a certain sound is associated with
a company or its product or services – for example, the MGM‟s roar of a lion.
The sound logo, technically referred to as audio mnemonic, is one of the tools of sound branding,
along with the brand music. A sound logo is a short distinctive melody mostly positioned at the
beginning or ending of a commercial. It can be seen as the acoustic equivalent of a visual logo.
Often a combination of both types of logo is used to enforce the recognition of a brand.

Examples: 020-65 3636 33 020-65 3636 33