Venture Care

12 Followers
About
Follow
Sign in
Get started
Responses

What are your thoughts?

Cancel
Respond
There are currently no responses for this story.
Be the first to respond.

TYPES OF TRADEMARK IN
INDIA | COMPANY TRADEMARK
REGISTRATION
Venture Care

Nov 20, 2017·7 min read

Trademarks 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:
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.

Examples:
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.
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.
Examples:
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.

Examples:
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:

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:

WRITTEN BY

Venture Care
More Ideas For Your Business
Follow

40

40

• Apply For Trademark

• Trademark Application
• Registered Trademark
• Trademark Registration

More from Venture Care

Follow
More Ideas For Your Business

Nov 20, 2017

TRADEMARK APPLICATION STATUS |

TRADEMARK REGISTRATION
CONSULTANTS
After filing a trademark application, on an average, it takes at least 13
months to get registered with the Trademark Registry of India. By this
time, the application goes through multiple stages which are reflected on
the website. That particular stage of application is indicated, every time
the trademark application is updated against the application number. A
trademark application goes through various stages of scrutiny before it is
registered. It is important that the applicant is aware at what
stage trademark application is in, as some action may be required to take
depending on the status. …

Read more · 7 min read

Nov 20, 2017

PROTECTING YOUR TRADEMARK |

ONLINE TRADEMARK REGISTRATION IN
PUNE INDIA

A trademark is a unique word, logo, phrase or graphic symbol that is used

to identify the source of any product or service. A trademark or service
mark can mean a lot to a business. It’s what distinguishes one product
from another.

In a business, intellectual property is one of the most important assets and

must be protected. Moreover, a trademark can be more than just a name
or logo; trademark protection can be sought for unique shapes, patterns,
and colors. However, to obtain advanced legal protection the trademark,
one should register it and then closely monitor for any unauthorized uses.
A trademark gives the right to prohibit others from using similar marks in
the market that might confuse consumers. But how can one protect it from
the competition? …

Read more · 5 min read

Nov 20, 2017

THE PURPOSE OF CLASSIFYING THE

TRADEMARKS | TRADEMARK
REGISTRATION CONSULTANTS
Classification is the term used to describe the grouping of goods and
services of a similar kind into classes for ease of identification and
searching.

In order to simplify registration for trademark, all goods and services are
divided into different classes. There are 45 classes, of which, 1–34 relate to
goods and 35–45, to services. For goods, it is principally the material from
which goods are made that determines the basis of their classification.
Services are classified according to the occupation.

The purpose of classification is to provide an internationally

recognized classification system for goods and services following
which trademarks may be registered. …
Read more · 1 min read

Nov 20, 2017

PROFESSIONAL GUIDE ON CHANGE OF

COMPANY NAME | HOW TO REGISTER A
COMPANY ONLINE
In this article, we’ll look at some of the reasons why you might want to
change the name of your business, and go through the steps one should
take to ensure the switch is an accomplishment.

You’ll see examples of real-life business name changes and their

rationales, get advice on communicating the change to your customers,
learn the legal and regulatory steps you need to take when changing a
name and see how to launch the new brand. By the end, you’ll be clear on
how to do it well and whether you need to change your business’s name.

Especially for established businesses changing a business name is a costly

and disruptive process. Bank accounts and online marketing materials will
have to change, domain names registered, email addresses updated,
websites adjusted and so on. There is various reasons company change its
names sometimes successfully, as with Nissan and Datsun, and sometimes
not so successfully. …

Read more · 9 min read

Nov 18, 2017

PROFESSIONAL GUIDE ON
APPOINTMENT OF AUDITOR | ONLINE
COMPANY REGISTRATION IN INDIA
The Audit rules require the recommendation of the Audit Committee for
the appointment of Auditors. The draft rules required that the board will
explain the reasons for not accepting the Audit Committee
recommendation in the board report if the board does not agree with the
Audit Committee recommendation and at the AGM propose the name of
its own nominee. It was expected that to avoid such disclosures, there will
be pressure on the board to accept the Audit Committee recommendation.

If the board has not accepted any recommendation of the Audit

Committee, the same will be disclosed in the board report with reasons as
per Section 177(8) of the 2013 Act. Thus, the position as mentioned in the
draft rules will continue. Audit Rules do not specifically require disclosure
in the board report. the board will send its own recommendation to the
AGM and record reasons for its disagreement with the Audit Committee.
…
Read more · 5 min read
More From Medium
Organizational Design, McKinsey 7s Framework
QPage in QPage

SolarCity’s Liquidity Crisis Reveals Elon Musk’s Nepotism

Michael Busler

How Netflix Can Win The Arms Race Against Disney

Vaclav Vincalek in Into the Future

The Screwdriver and the Drill: How following the rules nearly cost us the game
Nick Argall in Resurgent.Us

Adam Neumann’s Era of Excess and Eccentricity Is Over at WeWork

Bloomberg in Bloomberg
Lessons from China: Finding Clarity in a Crisis
Lin Liu in IPG Media Lab

Big Bang… Boom

JL Wong in Marketing Squared

Companies Are Starting to Invest in Clinics for Savings and Better Employee Health
Grant Nordby in The Startup

About
Help
Legal