Types of Trade-Marks

“Trade mark means a mark capable of being represented graphically and

which is capable of distinguishing the goods or services of one person from
those of others and may include the shape of goods, their packaging and
combination of colours.”
-Trade Marks Act Section 2(zb),1999

A mark as per Section 2(m) of the Indian Trademarks law, includes a device, brand, heading,
label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination
of colours or any combination thereof.

For Example:

A trademark is any:

 word (PEPSI, COCO COLA, PEPSODENT),

 name (RAYMOND VEIL, CHRISTIAN LOUBOUTIN),
 surname (TATA, BATA, BAJAJ),
 signature (LOUIS PHILIPPE),
 letters (BMW, IBM, HDFC),
 numeral (555, 501),
 symbol (MERCEDES BENZ THREE POINTED STAR, ADDIDAS PYRAMID),
 device (AMUL GIRL, PILLSBURY BOY),
 color scheme (PIZZA HUT, DOMINOS),
 packaging (CADBURY’S),
 shape of goods (COCO COLA BOTTLE)
 or any combination thereof that identifies and distinguishes the source of the goods of
one party from those of others.

There are many different types of marks which differentiate the products goods and services
according to their mark:

1. Product Mark:
Product mark is a mark that is related to the products or goods and not
the services.
A product mark is used to identify the source of a product and to
distinguish the products manufactured and sold by one person from the
others. Trademark is important for a business as it protects the
reputation and goodwill of the business.
For e.g., Coca Cola logo is accompanied with ® mark.

2. Service mark :
A Service mark is a mark which is related to the services and not the products or goods.
A service mark is used to identify the source of service. A service mark distinguishes
the services of the one person from that of another. It represents the services offered by
 a company and is used in the service business where the actual goods are not traded
under the trademark.

For e.g., ⚕ or Caduceus symbol is used by a doctor whereas a pharmacy uses a

green cross. Also, denoted by adding (SM) after their logo.

3. Collective Trademark:
Collective marks are the marks which are used by the group of companies and is
protected by the group collectively. A collective mark is used to indicate or inform the
public about the characteristic of the product for which the collective mark is used. The
collective mark is used by such as an association, cooperative or a public institution.
The collective mark is used to promote the particular products having certain
characteristics specific to the producer in a given field. Such mark can be used by more
than one trader provided that such trader belongs to a particular association.
For e.g., Logo used by the members of ICAI

The trader associated with such collective mark have a

responsibility to ensure the comply with the certain
standards that are fixed by its members. The main purpose
of the collective mark is to inform the public about the
certain characteristic or features of the product for which a
collective mark is used.

4. Certification Mark:
A certification mark is used to indicate that the particular goods or services are certified
by the owner of the mark in terms of the material, origin, quality or any other
characteristics. This differs from the standard trademark that distinguishes the goods or
services originated from a single company. Therefore, a certificate mark is used to
define the standards of the goods or services. It ensures the
consumers of the goods or services that such product meets the
safety and other prescribed standards. The certification mark on the
product represents that the product has gone through the specified
standard tests.
For e.g., ISI mark

It ensures and guarantees the consumers that manufacturers have undertaken or gone
through audit process to ensure the desired quality of the products.
5. Shape Mark:
A shape mark is a mark that is used to indicate the shape of the goods, its
packaging and etc. the shape mark is used only when it is possible to
represent the shape of the product clearly. A shape mark helps to distinguish
the goods sold under such trademark from the other manufacturer. If the
shape of the goods has some distinctive feature, such trademark can be
registered under the Indian Trademarks Act, 1999.
For e,g., A Coca-Cola glass bottle

6. Pattern Mark:
A pattern mark is a mark that consist of a pattern that is capable of identifying the goods
or services originating from a particular undertaking, thereby
distinguishing it from the other undertakings. Such goods or
services are registered as a Pattern Mark.
For e.g., Classic Louis Vuitton patterns

The method of evaluating the uniqueness of pattern mark is

similar to that of the other trademarks. those patterns which
are not capable of creating uniqueness or distinguishable
identity are not capable of being registered as pattern marks.

7. Sound Mark:
A sound mark means, when a particular sound performs the function of uniquely
identifying the origin of a product or a service, it is identified as a sound mark. In such
cases, such sound is associated with a company or its products or services.

A sound mark is a mark that is able

to distinguish the product or
services or the brand of the
company from the others in the
mark with a distinctive sound that
may be a tune, lyrics or any other
equivalent sound that can help the
public to recognize the brand
associated with it.
For e.g., MGM Channel’s Lion roar